LGKG | Luxenberg + Garbett + Kelly + George
Call now to schedule a free initial consultation

PH 724.658.8535

TF 800.655.3870

3 commonly asked questions about suing a doctor for misdiagnosis

Did your doctor make the wrong diagnosis? Did he or she commit medical negligence or malpractice? You might be consumed with frustration, pain and several questions regarding your rights and potential compensation.

According to a HealthDay News study, misdiagnosis claims make up the largest share of medical malpractice payouts in the country. Here are three common questions about what constitutes malpractice regarding wrong diagnoses and who might be liable.

1. What counts as a misdiagnosis?

Whether your doctor failed to make a timely or accurate diagnosis of your harmful medical condition, there may be several factors involved:

  • Failure to evaluate you for a specific medical condition
  • Failure to refer you to a specialist
  • Failure to exhaustively consult with you about your symptoms
  • Failure to follow up potential causes of your reported symptoms
  • Misrepresentation of test results

In order to sue for medical malpractice, you must have proof that these actions or inactions resulted in significant harm.

2. How can I prove harm?

A delayed or faulty diagnosis may cause harm to you in various ways:

  • Unnecessarily exposing you to harmful treatments, such as chemotherapy or radiation
  • Performing unnecessary surgery
  • Exposing you to aggressive treatment that would not have been necessary if your condition was diagnosed earlier
  • Increased chances of further complications
  • Increased chances of death

If any of the above have happened to you, you might have a strong basis for a medical malpractice lawsuit.

3. Who can I sue?

In most cases of medical negligence, you can only file a lawsuit with your doctor. Since most doctors are independent contractors, the hospital or facility is usually not liable. Sometimes other related health care professionals can be sued if they contributed to causing you harm. These professionals include nurses, lab techs or other medical specialists.

Each case of misdiagnosis is unique and requires careful consideration before bringing a claim against your primary care provider. Consulting a medical malpractice lawyer about your situation can help you determine the best course of action.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Lawrence County
315 North Mercer Street
New Castle, PA 16101

Toll Free: 800-655-3870
Phone: 724-761-2094
Phone: 724-658-8535
Fax: 724-658-8013
New Castle Law Office Map

Butler County
220 South Main Street
Butler, PA 16001

Toll Free: 800-655-3870
Phone: 724-761-2094
Phone: 724-283-4244
Fax: 724-658-8013
Map & Directions

Beaver County
1126 6th Avenue
Beaver Falls, PA 15010

Toll Free: 800-655-3870
Phone: 724-761-2094
Phone: 724-846-4400
Fax: 724-658-8013
Map & Directions

Lawrence County
317 7th Street
Ellwood City, PA 16117

Toll Free: 800-655-3870
Phone: 724-761-2094
Phone: 724-758-7581
Fax: 724-658-8013
Map & Directions

Butler County - Cranberry Township
2009 Mackenzie Way
Suite 177
Cranberry Township, PA 16066

Toll Free: 800-655-3870
Phone: 724-761-2094
Phone: 724-452-1425
Fax: 724-658-8013
Map & Directions