Can you sue a doctor for misdiagnosing a disease?

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Question:

I recently went to my doctor complaining of pain near the middle of my abdomen.  My doctor diagnosed me as having gastroenteritis and prescribed medication to treat this.  Just a few days later, I ended up having surgery for appendicitis. Can my doctor be held liable for misdiagnosis my condition?

Answer:

A misdiagnosis can occur when a doctor does not diagnose or incorrectly diagnoses a patient’s medical condition.  A misdiagnosis may be malpractice if one of the following occurred:

  • Your doctor neglects to obtain your medical history
  • Fails to order the appropriate tests for your illness or injury
  • Misinterprets lab results
  • Does not refer the patient to a specialist
  • Is unable to recognize the symptoms of your illness

In order to successfully win a medical malpractice case for a misdiagnosis, you must be able to demonstrate that you are worse off after treatment than before. If the misdiagnosis caused a delay in your treatment and your condition became progressively worse due to this delay, the doctor may be held liable for this.

Victims of medical malpractice have the right to sue in order to recover damages for medical expenses linked to the misdiagnosis, such as lost wages, or pain and suffering and even if death is a result. 

You should contact an experienced medical malpractice attorney to review your case and find out if you have any legal options.

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