I suffered a heart attack due to misdiagnosis of heart disease. I have been going to a doctor regularly and he’s been testing me and said I had all kinds of other stuff going on, but never suggested I had heart disease. Is this medical malpractice?
I suffered a heart attack due to misdiagnosis of heart disease. Is this medical malpractice?
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Answer:
The question of whether your misdiagnosis is medical malpractice depends on the situation. Doctors are held to a reasonable doctor standard. If a reasonably competent doctor would have been able to diagnose heart disease, either from your description of symptoms, the tests you performed, an exam, etc., then your doctor may have breached the legal duty he owes to you.
If your doctor did breach his legal duty, then his behavior may constitute medical malpractice. However, you will also need to prove that the heart attack was caused by the misdiagnosis or made worse. If a medical expert says that you would have had the heart attack no matter what the doctor did, then you may not have any compensable damages to bring a medical malpractice lawsuit.
You should consult with an experienced medical malpractice attorney who can help you determine whether you have a case against your doctor or not.
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Posted by Christy Rakoczy on 26 Mar 2010