Firm News

Can I Sue for a Misdiagnosis?

No one expects their healthcare provider to misdiagnose them—or even fail to diagnose them at all. Unfortunately, it does happen, and patients or relatives of patients can be left wondering whether or not any suffering could have been avoided, had the proper diagnosis been made in the first place. 

“A diagnosis is the first and most important step toward recovery,” says Gary Alan Friedman, a leading attorney at Friedman & Friedman, “If an illness isn’t properly diagnosed, it can have life-changing consequences. This is why it’s critical to connect with an experienced medical malpractice attorney if you believe you are a victim of misdiagnosis.” 

Undiagnosed, some medical issue can progress into something more severe, even becoming life-threatening. If you or a loved one has been harmed as the result of a misdiagnosis, then you may have a medical malpractice claim. 

Types of Misdiagnosis

Misdiagnosis may seem straightforward, but there are actually multiple ways in which this unfortunate practice occurs. Here are a few examples of how a patient may be misdiagnosed.

  • Wrong diagnosis – The doctor diagnoses you with the wrong disease or condition (also referred to as misdiagnosis).
  • Missed diagnosis – The doctor fails to diagnose any disease or condition at all, giving the patient a clean bill of health.
  • Delayed diagnosis – The doctor eventually makes the correct diagnosis, but only after a substantial delay.
  • Failure to recognize complications – The doctor makes the right diagnosis but fails to recognize any underlying complications or factors that could aggravate the disease or condition.
  • Failure to diagnose a related disease – The doctor correctly diagnoses the initial disease or condition, but fails to diagnose a second, related disease or condition.
  • Failure to diagnose an unrelated disease – The doctor correctly diagnoses the initial disease or condition but fails to diagnose an unrelated, second disease or condition.
  • Failure to diagnose underlying condition – The doctor correctly diagnoses a disease or condition but fails to recognize that it is only a symptom of the overall disease or condition.

A misdiagnosis can have severe consequences, including the patient receiving delayed treatment, being subjected to the wrong treatment, or never receiving treatment at all. At the same time, the patient may be continuing to suffer or deteriorate due to his or her actual diagnosis.

Proving Negligence in a Misdiagnosis Claim

It is critical to understand the circumstances under which you are able to sue a doctor for a misdiagnosis claim. To clarify, you can’t just sue a healthcare professional solely on a diagnostic error—there must be proven negligence, as well as significant enough damages to warrant legal action. In all medical malpractice cases, there are certain items that need to be proven in order to have a case.

The following must be present in a medical malpractice case:

  • The doctor owed you or a loved one a duty of care.
  • The doctor fell below, or breached, their standard of care.
  • You or a loved one suffered injuries recognizable by law.
  • There is a clear connection between the injuries sustained and the doctor’s breach.

Proving that a doctor was negligent can be a tough task, and unfortunately, a misdiagnosis isn’t always enough to proceed with a medical malpractice claim. If you are seeking compensation for a misdiagnosis, you must also prove that the doctor was negligent through their actions. For example, if a doctor failed to do any tests that were later recognized as crucial steps in diagnosis, then they acted negligently. 

Additionally, the doctor’s negligence must be directly related to the patient’s pain and suffering, and this isn’t always the case. A doctor may have misdiagnosed you, but if you can’t prove a clear connection between that misdiagnosis and any pain and suffering you experienced, you will be unlikely to receive compensation. 

Navigating the nuances of medical malpractice can be overwhelming, especially if you or a loved one are still suffering from illness or injury. To ensure you receive the compensation you’re entitled to, you need a knowledgeable medical malpractice attorney on your side—like the ones at Friedman & Friedman. 

A Miami Medical Malpractice Firm That Will Fight for You

You shouldn’t have to fight a legal battle on top of dealing with ongoing or lingering medical complications from your misdiagnosis—and you don’t have to. Let the attorneys at Friedman & Friedman take over your case and fight to get you the compensation you deserve. Our talented medical malpractice attorneys have a winning track record, resulting in hundreds of millions of dollars in settlements and verdicts for our clients. 

Medical malpractice claims can be complex and difficult to prove, but as your representative, we will be unrelenting in pursuing justice. Contact us today to learn more about how we can serve you. 


Fri Aug 30, 9:18am