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March 24, 2022
April 7, 2024

Can You Sue a Doctor for a Misdiagnosis?

Misdiagnosis should be 100% preventable. If you or a loved one have suffered from a misdiagnosis, you deserve help from an attorney experienced in medical malpractice.

A medical misdiagnosis is often a two-fold injury. First, your actual ailment is overlooked and may progress to a more serious condition due to misdiagnosis. Second, the incorrect diagnosis may lead to costly, unnecessary treatment that causes new side effects. You deserve compensation for these losses, as well as the pain and stress you’ve endured.

Remember that medical malpractice cases can be complex and challenging to prove. We may need to seek testimony from medical experts on the proper conduct that should have taken place. We also may need to conduct extensive research on the circumstances surrounding your injury to dispute the opposing counsel’s version of events. This is work an attorney will do on your behalf while you heal in peace with your loved ones.

Contact Pierce Skrabanek online or by calling (832) 690-7000 for a free, confidential consultation. Know your legal options. Make the best choice for your family and your future with our attorneys by your side.

Can I Sue My Doctor for Misdiagnosis? (Potential Compensation)

Whether you can sue your doctor for misdiagnosis depends on various factors, including the specifics of your case, the laws in your jurisdiction, and the evidence available to support your claim. 

Here are some general considerations for whether or not you can file a claim or lawsuit against your doctor:

  • Legal Grounds: To sue your doctor for misdiagnosis, you typically need to demonstrate that the misdiagnosis resulted from negligence or a failure to meet the standard of care expected from a reasonable healthcare provider in similar circumstances. An attorney may be able to answer this first question during your initial phone call.
  • Evidence: You will need evidence to support your claim, such as medical records, expert opinions, and testimony from witnesses if applicable. Our attorneys will collect and evaluate your medical records, and conduct an independent investigation if necessary.
  • Claim Deadline: There is usually a deadline known as the statute of limitations that dictates how long you have to file a medical malpractice lawsuit after the incident occurred. This time limit varies by jurisdiction, so the sooner you reach out to our lawyers, the better your options.

If your medical misdiagnosis lawyer can prove medical malpractice, potential compensation may include economic damages (costs that can often be proven with receipts) and non-economic damages (such as “unseen” costs like emotional distress, and loss of enjoyment of life). 

Here are some detailed examples of the damages (aka compensation) that may be sought in a medical misdiagnosis lawsuit:

Economic Damages

  • Medical Expenses: This includes past and future medical bills related to the misdiagnosis, such as treatments, surgeries, medications, rehabilitation, and therapy.
  • Lost Income: If the misdiagnosis resulted in the patient being unable to work or earning less income, they may be entitled to compensation for lost wages and diminished earning capacity.
  • Future Medical Costs: If the misdiagnosis leads to ongoing medical needs or long-term care, the patient may seek compensation for anticipated future medical expenses.

Non-Economic Damages

  • Pain and Suffering: Compensation may be awarded for physical pain, emotional distress, and mental anguish caused by the misdiagnosis and its consequences.
  • Loss of Enjoyment of Life: If the misdiagnosis significantly reduces the patient's quality of life or ability to participate in activities they enjoyed before the injury, they may seek damages for loss of enjoyment of life.
  • Punitive Damages: In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to punish the healthcare provider and deter similar behavior in the future. However, punitive damages are relatively rare in medical malpractice cases and are typically only awarded in exceptional circumstances.

If you believe you have been harmed by a doctor's misdiagnosis, it's crucial to consult with a qualified medical malpractice attorney who can evaluate your case. Our attorneys can advise you on your legal rights, and help you pursue fair compensation for all of your injuries and losses.

Who Else Can I Sue For Misdiagnosis? (3 Potentially Responsible Parties)

In addition to the doctor, there may be other parties that could potentially be held liable for a misdiagnosis, depending on the circumstances of the case. Here are some examples:

  • Laboratories and Pathologists: If the misdiagnosis resulted from errors in laboratory testing or interpretation of test results, the laboratory or pathologist responsible for conducting the tests and providing accurate results may be held liable for negligence.
  • Medical Device Manufacturers: If the misdiagnosis was caused by a defective medical device, such as a faulty diagnostic tool or imaging equipment, the manufacturer of the device may be held liable for product liability if it can be shown that the device was unreasonably dangerous or defective.
  • Pharmaceutical Companies: In cases where a misdiagnosis resulted from the use of a medication with known defects or side effects that were not adequately disclosed, the pharmaceutical company that manufactured or marketed the medication may be held liable for injuries resulting from the use of their product.

Additionally, in some situations, third-party contractors providing services to the healthcare provider, such as billing companies or medical transcription services, may be held liable. If their actions or negligence contributed to the misdiagnosis, it could open up new sources of funds to cover the costs you’ve suffered.

A skilled medical malpractice attorney who can evaluate your case, identify all potentially liable parties, and help you pursue the compensation you deserve.

It is essential to consult with a qualified medical malpractice attorney who can evaluate your case and advise you on the best course of action. We can help you understand your legal rights, navigate the legal process, and pursue compensation from the appropriate parties. Contact Pierce Skrabanek at (832) 690-7000 to access your free legal consultation.

Can You Sue a Hospital for Misdiagnosis? Can You Sue a Doctor for Misdiagnosis if They’re an Independent Contractor? 

Yes, you can sue a hospital for misdiagnosis under certain circumstances. Hospitals can be held liable for the actions of their employees, including doctors, nurses, and other healthcare professionals, under the legal doctrine of vicarious liability. This means that if a healthcare provider working within the scope of their employment at the hospital commits malpractice, the hospital may be held responsible for their actions.

Suing independent contractor doctors for misdiagnosis is a bit more complicated. In general, hospitals are not automatically liable for the actions of independent contractors, including independent physician practitioners who have their own separate medical malpractice insurance. Instead, the liability for malpractice committed by independent contractors typically rests with the individual practitioner rather than the hospital.

There are exceptions to this rule, and hospitals may still be held liable for the actions of independent contractors under certain circumstances. For example, if the hospital exerted control over the independent contractor's work, failed to properly supervise or credential the contractor, or if the contractor was held out by the hospital as an agent or employee, the hospital may be found vicariously liable for their actions.

Contact Pierce Skrabanek for Medical Misdiagnosis Representation

Ultimately, whether you can sue a doctor for misdiagnosis depends on the specific facts of your case. Our lawyers will follow every thread of evidence to ensure all who are responsible for your injury are held liable. This helps guarantee your rights to fair compensation and also helps protect future patients from suffering the same failures that have harmed you.

Our verdicts and settlements show proven success in injury cases for individuals and families just like yours. To discuss your situation in more detail, please don't hesitate to contact us right away. Remember, you don't have to face the aftermath of a medical misdiagnosis alone. We're here to help you pursue the justice and compensation you deserve.

Help yourself. Help others. Reach out to Pierce Skrabanek at (832) 690-7000 to discuss your options today, and plan for a better future.

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