Can my doctor be held liable for not diagnosing my heart disease?

Whether or not your doctor can be held liable for medical malpractice based on non-diagnosis is a complicated question. To prove medical malpractice, you need to prove that your doctor breached a duty, which means you need to prove he didn’t act with the same standard of care that a reasonably prudent doctor would have. You also need to prove that you suffered damages as a result of his breach.

So, the first question will be, was it unreasonable for your doctor not to have diagnosed your heart disease? That is a question that will largely depend on your symptoms, the stage of the disease, the type of examination performed and a number of other factors.

More complicated, however, is proving that the non-diagnosis caused you damage. To win your case, you’ll have to demonstrate that the damage wouldn’t have happened if you had been diagnosed. This can be tricky. Your best bet is to consult with a medical malpractice lawyer as soon as possible to determine your potential rights against your doctor.