# Can You File a Medical Malpractice Claim Against Your Doctor for Misdiagnosis? | Edelman, Krasin & Jaye **Table of Contents***[*Expand*]* 1. What Is Misdiagnosis in Medical Malpractice Cases? 2. Common Types Of Misdiagnosis 3. Proving Misdiagnosis In A Medical Malpractice Case 4. Win The Compensation You Deserve ![Gavel and stethoscope on a wooden table](https://ekjlaw.com/wp-content/uploads/2023/08/ekjpic2.jpg) # Can You File a Medical Malpractice Claim Against Your Doctor for Misdiagnosis? When you consult with a doctor, you assume that they’re experts in their field and that you will be fine in their hands. Physicians must also meet minimum standards to ensure their patients are cared for. But what happens when a medical diagnosis goes wrong and causes unforeseen injuries? Find out whether you can file a medical malpractice claim against your doctor for a misdiagnosis and what evidence you’ll need to win your case. ## What Is Misdiagnosis in Medical Malpractice Cases? [Misdiagnosis](https://www.forbes.com/advisor/legal/personal-injury/misdiagnosis-lawsuit/) happens when a medical provider fails to identify a patient’s condition. It’s also one of the main reasons for medical malpractice lawsuits, especially if the doctor’s mistake harms the patient. Misdiagnosis could mean anything from a delayed diagnosis to diagnosing you with a disease you don’t have. Each situation can lead to incorrect treatment, extra medical expenses, or even death in extreme cases. Unfortunately, medical misdiagnosis is relatively common. [Over 7 million](https://www.cnn.com/2022/12/15/health/hospital-misdiagnoses-study/index.html) incidents like these happen in emergency rooms alone each year. Human error can occur in any medical facility, from hospital staff to specialized clinics. Regardless of the location, these mistakes can cause a patient’s condition to worsen and create more unnecessary pain and suffering. For a free legal consultation, call [(800) 469-7429](tel:+18004697429) ## Common Types Of Misdiagnosis Misdiagnosis is a broad term that includes many types of errors. Here are a few common types seen in medical malpractice lawsuits: ### Failure To Recognize An Injury or Illness Sometimes, medical professionals miss clear signs of an injury or illness. For example, if you’re suffering from chronic abdominal pain, they may diagnose you with gastritis when you suffer from appendicitis. This type of mistake will prevent you from getting the treatment you need, affecting your chance of recovery. ### Missed Diagnosis If the doctor misses your diagnosis, they fail to identify a condition. This severe error will leave you without the necessary treatment. For instance, say you’re a patient who visits the doctor repeatedly for chronic headaches, but the doctor tells you it’s only stress. If you discover a disease such as a brain tumor later on, you could sue that doctor for negligence. ### Diagnosing The Wrong Condition Diagnosing the wrong condition could lead to you getting improper treatment and may leave you in a worse condition healthwise. An example of this could be a patient getting treated for general back pain when you have a spinal tumor. A mistake like this could cause delays in proper medical care. ### Delayed Diagnosis Time is crucial when treating any medical issue. However, there are many times when a doctor will take significant time to give you a formal diagnosis. For example, a Stage 2 cancer that could have been treated if caught early might become life-threatening because of delayed diagnosis. ## Proving Misdiagnosis In A Medical Malpractice Case To win your medical malpractice claim based on misdiagnosis, you typically must prove these four essential elements to the court: - **Doctor-Patient Relationship:**Have clear evidence that you were under that doctor or medical provider’s care. - **Negligence:**You must show the doctor failed to provide treatment in a reasonably competent way. Having an expert witness will be crucial to prove this point. - **Causation:** The doctor’s actions must have caused specific harm. Even the most experienced medical professionals make mistakes, so you can only sue if it causes damages. - **Damages:**You need to prove that the doctor’s negligence resulted in significant costs, including medical expenses for additional treatment, lost wages, emotional distress, or pain and suffering. [Click to contact](https://ekjlaw.com/contact-us/) our attorneys today ## Win The Compensation You Deserve Filing a medical malpractice claim and proving a misdiagnosis can be challenging, especially when recovering from injuries. An experienced attorney must navigate the complexities and advocate for your rights. For over 50 years, our team of [New York personal injury attorneys](https://ekjlaw.com/blog/medical-malpractice-lawsuit-settlement-values-questioned/) has helped clients seek justice for their injuries. We will hold the responsible parties accountable and ensure others won’t suffer the same fate. Please [contact us](https://ekjlaw.com/contact-us/) online or at (866) 442-0513 if you have any questions or to schedule a free case review today. Call or text [(800) 469-7429](tel:+18004697429) or complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) Medical Malpractice Blog Posts: [![Steps to Filing a Medical Malpractice Lawsuit](https://ekjlaw.com/wp-content/themes/edelman-child/assets/app/img/default-image.webp)](https://ekjlaw.com/blog/steps-to-filing-a-medical-malpractice-lawsuit/) ### [Steps to Filing a Medical Malpractice Lawsuit](https://ekjlaw.com/blog/steps-to-filing-a-medical-malpractice-lawsuit/) Medical procedures can be minor or as major as brain or heart surgery. 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