My doctor misdiagnosed my cough as chronic cough. 1 year later another doctor diagnosed it as lung cancer. Is this misdiagnosis?

The failure of a doctor to properly diagnosis a condition is a common medical malpractice claim. Misdiagnosis may occur when a doctor fails to notice the symptoms of a patient’s disease. Your doctor, like all doctors, owes a duty of care to a patient. All people owe a general duty of care to act as a reasonable, prudent person would in a similar circumstance, but your healthcare provider owes you a higher duty of care.  This is because a doctor is a person with special skill and knowledge.

You may have a medical malpractice claim. Medical malpractice occurs when a doctor fails to exercise the degree of care or skill that a doctor in the same medical specialty would use in a similar circumstance. Consequently, a doctor must possess and exercise the knowledge and skill as a member of the profession in the same or similar community would.

Medical malpractice cases are complex. A personal injury attorney can help to determine whether your doctor’s knowledge of your history of smoking is enough to warrant a medical malpractice lawsuit.