Abramson Smith Waldsmith LLP
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Can I sue a doctor for a wrong diagnosis?

On Behalf of | Aug 22, 2024 | Medical Malpractice

Imagine visiting a doctor while experiencing a health concern. Your doctor dismisses your condition and tells you it’s nothing to be worried about. You come home feeling relieved, only to find out weeks later that you feel worse. So, you visit another doctor, and he reveals that you actually have a serious illness that could have been caught earlier. This is an example of medical misdiagnosis, and it’s more common than you might think.

Understanding medical misdiagnosis

Medical misdiagnosis happens when a healthcare provider incorrectly determines a patient’s condition. This can occur due to several factors, such as insufficient testing, errors in interpreting results, or cognitive biases.

In the United States, research from Johns Hopkins Medicine estimates that 795,000 Americans die or are permanently disabled by diagnostic error every year.

Challenges in proving misdiagnosis

The problem is that while misdiagnosis has become a public health concern, proving a wrong diagnosis takes work. In fact, you need to establish the following for it to be even considered in court:

  • A doctor-patient relationship exists
  • The doctor was negligent in diagnosing your condition
  • The misdiagnosis directly caused harm
  • The misdiagnosis resulted in damages

Given these complexities, it’s wise to consult a legal expert who specializes in medical malpractice. They can help gather the necessary evidence, consult medical experts and navigate the legal process to build a strong case.

While suing a doctor for a wrong diagnosis is possible, it involves an intricate legal battle. However, understanding what it means to sue for medical misdiagnosis and seeking professional legal advice can significantly improve your chances of a successful claim.