Misdiagnosis and Medical Malpractice

Medical error or delayed diagnosis of a medical disease, illness, or damage is the source of many medical malpractice cases. A patient’s condition can be made significantly worse, and they may even die if a doctor’s diagnosis error results in erroneous therapy, delayed treatment, or no treatment at all. However, a diagnostic error by itself is insufficient to support a medical malpractice claim.

Continue reading to understand what a patient needs to establish in a medical malpractice claim based on misdiagnosis, the many sorts of diagnostic mistakes, and why misdiagnosis is more likely in emergency rooms. Philadelphia Medical Malpractice lawyer here can be a great assistance for you.

What Exactly is a Misdiagnosis?

A misdiagnosis of your injury or illness indicates that your doctor made an incorrect assumption or misunderstood your test results. Their wrong diagnosis might lead to:

  • Exacerbating your medical condition
  • Postpone your right diagnosis
  • Cause more significant injury or death to you 

Misdiagnosis can also occur if your doctor fails to provide you with any diagnosis. In other cases, the hospital or pharmacy may be to blame.

All of these things go against the “medical quality of care” that you should anticipate while dealing with a doctor. When a doctor fails to help you, it may be deemed medical negligence. To be able to sue a doctor for mistaken diagnosis, your error must have resulted in harm — or the death of a loved one.

Typical Misdiagnoses

Doctors have a 95 percent success rate, with only one out of every twenty cases misdiagnosed. On the other hand, a misdiagnosis might result in an ailment going untreated for an extended period or a patient enduring unneeded therapies. Here are a few conditions that are frequently misdiagnosed:

  • Asthma 
  • Heart Attack 
  • Lyme illness
  • Parkinson’s disease 
  • Lupus

What Should I Do If My Condition Gets Worse After Seeing a Doctor?

If it’s an emergency, get to an emergency unit or urgent care center as soon as possible. Your first concern is to get healthy, and your attorney will advise you on how to proceed with the lawsuit. They should inform you that you have a “responsibility” to:

  • Stick to your doctor’s orders unless they’re making you feel worse or you do not see any results.
  • You won’t have to wait if you require more assistance.
  • Waiting for things to go worse on purpose is not a good idea.
  • Do not delay because your doctor advised you to.

It is referred to as “damage mitigation.” The patient, as well as the practitioner, might be scrutinized in medical malpractice trials. They’ll want to make sure you’re not making your illness or injury worse on purpose to defraud them. If you wish special assistance, you must seek it as soon as possible.

You may be able to sue a doctor for your original injuries or sickness in some situations. Still, any additional damages that occurred due to your waiting may not be included in that trial. Those further injuries would be entirely your fault.

Having lawyers on your side from the start will help you prevent more issues and fight for a solid case.

Is It Possible to Avoid Being Misdiagnosed?

It’s sad if your doctor misdiagnoses you, but mistakes do happen. You can lessen the odds of a misdiagnosis by doing the following:

  1. If you are not improving, you should ask questions.
  2. Getting a second opinion or having your initial doctor re-examine your results
  3. Make a list of any instructions, words, notes, or anything else you don’t understand.
  4. Inquiring about other possible diagnoses so that you can change treatments if necessary.
  5. Look for a doctor with a good reputation or ask for referrals for a new doctor.
  6. Schedule a consultation with a professional

I Believe I Was Misdiagnosed. So, What’s Next?

Misdiagnosis and delayed diagnosis are more prevalent than you may expect in medical negligence situations. You are the only one who knows how you are feeling. If you’re not getting better or something doesn’t seem right, trust your instincts. You can either return to the same doctor and explain the new difficulties or symptoms or get a second opinion from a different doctor.

For medical malpractice cases, the statute of limitations — the period of time you have to file a claim — is usually two to six years. However, it is dependent on the state in which you reside.

How Do I Begin the Procedure to File a Lawsuit Against my Doctor?

Your first step should be to contact a medical malpractice attorney for a free consultation to see if you have a case and if you are within the time restriction. Find a reputable law firm that has medical malpractice attorneys on staff. Please give them your name and phone number, as well as any information about your situation. They should contact you and provide legal advice on whether or not to pursue the matter. Keep in mind that until you employ an attorney, you do not have an attorney-client relationship.

What Is the Best Way to Prove Misdiagnosis?

You must have four components in your claim to sue for negligence: duty, breach, causation, and damages:


Was it the doctor’s responsibility to look after you? When a doctor and patient have a connection, the doctor is responsible for operating as a reasonably competent doctor.


Is the doctor in violation of his oath? A doctor’s failure to diagnose an ailment does not always imply that he was negligent. To prove a breach of duty, you’d have to show that a different, reasonably competent doctor might have correctly diagnosed the condition.


Have you been harmed as a result of the doctor’s misdiagnosis? Your doctor may have mistakenly diagnosed a loved one with cancer rather than the flu, but the next day, they were killed by a car. The misdiagnosis of the doctor was not the cause of death.


Have you suffered any consequences as a result of the misdiagnoses? It’s possible that your doctor misdiagnosed you with migraines rather than the flu. He did, however, prescribe Tylenol, which helped you recover from your virus. It indicates you were not harmed as a result of the misdiagnosis.

Following that, you may need to gather papers to demonstrate diagnostic or medical mistakes that occurred while you were in the hospital or during a doctor’s appointment. These will include:

  • Continue to back up your claim in the future
  • Demonstrate a doctor-patient interaction
  • Provide proof of your doctor’s malpractice
  • Provide a foundation for your attorney to construct the case

When you ask for your medical records, the provider should release them to you. You should notify your attorney if they appear to be resisting.

You could acquire a second opinion on your medical treatment in the future to prove your doctor was mistaken. It is known as differential diagnosis, and it is used to prove that a diagnosis was made incorrectly the first time around. If the matter proceeds to court, other physicians may be called expert witnesses.

Is There a Case for Medical Malpractice?

You might be misdiagnosed for a variety of reasons. The doctor may have made a mistake or failed to listen to you, or you may have forgotten to mention an essential aspect of your medical history or symptoms. It doesn’t matter why it happened; what matters is that you get better. It can be life-threatening if you don’t acquire the information you need. Get the medical help you require, and then consult with an expert attorney to determine whether or not you have a medical malpractice case. It is your right to get adequate medical treatment, thus suing your doctor may be required.

Share this post:

Contact us completely free

You don't pay until we settle your claim