Can you sue a hospital for misdiagnosis?

A common question fielded by medical malpractice lawyers in all states includes “Can you sue a hospital for misdiagnosis?” Depending on the case-specific elements of each patient’s misdiagnosis, it may be possible to sue a hospital. A number of legal principles factor into whether a misdiagnosis even constitutes grounds for filing suit, and in turn, whether a hospital is ultimately liable.

• First, a patient must prepare a viable claims case with a cause of action being medical misdiagnosis. This will require proving that a misdiagnosis did occur, and the misdiagnosis was the result of medical professional negligence.

• Second, the patient must also prove he or she sustained damages as the misdiagnosis. If these elements exist, a patient has viable grounds for suit against a given medical professional, but there still exists question as to whether a patient can sue the hospital as well.

• Finally, the issue on whether a patient can sue a hospital, ostensibly under vicarious liability laws, will depend on the facts of a given patient’s care in light of state law.

State laws concerning hospital liability greatly vary from state to state, and in turn, consulting with a medical malpractice lawyer in the state where you received a possible misdiagnosis is the only reliable method of determining whether you can sue a hospital or not. For more information and insight, consult with a medical malpractice lawyer today.