I sought the care of a general practitioner after I began to experience chronic coughing. The doctor prescribed an antibiotic for my condition even after I informed her that I was a former smoker. My cough got a little better, but I began coughing up blood one year later. I received treatment from another doctor who diagnosed my condition as lung cancer. Can I file a lawsuit against the doctor for the misdiagnosis of my chronic cough?




Answer: (1)
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.
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Posted by Marina Ricci on 21 Jan 2010