One frequently asked question regarding medical malpractice is whether a misdiagnosis constitutes medical malpractice. The answer depends on several factors. In general, an otherwise competent doctor who does his or her due diligence but makes a misdiagnosis did not commit medical malpractice. There’s no legal requirement that a doctor must be correct in every diagnosis he or she makes. However, if for example the doctor does not examine your medical history, recognize the symptoms of your illness, or carry out relevant tests for your illness, and you suffer an injury as a result of the treatment for a misdiagnosed condition, then you may be able to claim medical malpractice. In summary, assuming that the doctor did everything in their power to make the correct diagnosis, you would most likely not be able to claim medical malpractice. However, if they were negligent in their attempt to diagnose and you suffered injury as a result of treatment, you may have a case for a medical malpractice suit.
Does Misdiagnosis Equal Malpractice?
Categories: Medical Malpractice