Does Misdiagnosis Constitute Malpractice?

Yes, you can sue when a doctor gets your illness or injury wrong. This is called "misdiagnosis" and is part of the legal field called medical malpractice.

Are doctors liable for misdiagnosis?

A doctor who does not order medical tests, orders the wrong tests, or misreads test results may be held liable for misdiagnosis. Doctors are expected to uphold a standard of care that includes ordering standard medical tests for certain symptoms.

Is a misdiagnosis negligence?

A misdiagnosis or delayed diagnosis itself is not evidence of negligence. Skillful doctors can and do make diagnostic errors even when using reasonable care. The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis.