Is a Misdiagnosis Considered Malpractice?

A medical diagnosis is often the first and most important step in treating an illness or injury. 

When that diagnosis is incorrect, it can send patients down a devastating path, receiving the wrong treatments, undergoing unnecessary procedures, missing the window to properly manage a serious condition, or at worst, suffering fatal consequences.

Understandably, many people wonder: Is a misdiagnosis considered medical malpractice?

The answer is: it depends.

Personal injury claims can be brought against parties who acted negligently when they owed a duty of care to the victim who suffered due to that negligence.

However, not every misdiagnosis is the result of negligence, but in certain cases, a misdiagnosis can meet the legal definition of medical malpractice. When it does, the patient may be entitled to financial compensation for the harm they suffered.

If you or a loved one suffered due to a misdiagnosis, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

What Is a Misdiagnosis?

A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition. It may involve:

• Diagnosing a patient with a condition they don’t have
• Failing to diagnose a condition at all
• Delaying a diagnosis until it’s too late for effective treatment

For example, if a doctor diagnoses a patient’s chest pain as acid reflux when they’re actually experiencing a heart attack, that’s a misdiagnosis. Similarly, if a radiologist overlooks signs of cancer on a scan, and the cancer isn’t found until it has progressed, that too could be considered a misdiagnosis.

Not all diagnostic errors are created equal, though. Some may be honest mistakes made despite reasonable care, while others may result from carelessness or failure to follow standard medical practices.

Types of Misdiagnosis

There are several forms of misdiagnosis, each with its own potential risks and consequences:

• Wrong Diagnosis: A patient is diagnosed with the wrong condition entirely. For example, a stroke misdiagnosed as a migraine.
• Missed Diagnosis: A condition is completely overlooked. For example, attributing fatigue to stress while ignoring underlying leukemia.
• Delayed Diagnosis: A correct diagnosis is eventually made, but only after an unreasonable delay that results in worsened outcomes.
• Partial Misdiagnosis: Some, but not all, aspects of a condition are correctly identified. This can lead to incomplete treatment.
• Failure to Diagnose a Related Disease: A primary condition is diagnosed, but related or secondary conditions go unnoticed. For instance, diagnosing diabetes without recognizing accompanying neuropathy.

Each of these errors can have serious implications for a patient’s health and legal rights.

When Is a Misdiagnosis Considered Malpractice?

To qualify as medical malpractice, a misdiagnosis must meet three basic criteria:

1. Violation of the Standard of Care

The “standard of care” refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided in similar circumstances.

If a doctor fails to order appropriate tests, misinterprets results, ignores symptoms, or fails to refer a patient to a specialist when a reasonably prudent doctor would have, this may be considered a violation of the standard of care.

2. Causation: The Misdiagnosis Led to Harm

It must also be proven that the misdiagnosis directly caused injury or worsened the patient’s condition. For example:

• A cancer misdiagnosis led to a delay in treatment, allowing the cancer to progress to a more advanced stage.
• A heart attack was misdiagnosed as anxiety, resulting in the patient not receiving life-saving intervention.
• A patient underwent invasive surgery for a condition they did not have.

Causation is often the most challenging part of a malpractice case. A misdiagnosis alone isn’t enough; it must be shown that the misdiagnosis caused real harm.

Damages: The Patient Suffered Losses

The final element is damages: the patient must have suffered actual losses due to the misdiagnosis. These may include:

• Additional medical bills for unnecessary or corrective treatment
• Lost income due to missed work
• Pain and suffering
• Emotional distress
• Reduced life expectancy or long-term disability

If all three of these elements are present—breach of standard of care, causation, and damages—then the misdiagnosis may legally be considered medical malpractice.

Commonly Misdiagnosed Conditions

Certain conditions are frequently misdiagnosed due to vague symptoms, overlapping signs, or inadequate testing. These include:

• Cancer: Breast, lung, colon, and cervical cancers are often missed in early stages.
• Heart attacks: Especially in women, symptoms like nausea or fatigue can be mistaken for less serious conditions.
• Stroke: Often misdiagnosed as migraines, vertigo, or intoxication.
• Infections: Sepsis, meningitis, and tuberculosis may be overlooked until they become severe.
• Autoimmune diseases: Lupus and multiple sclerosis are notoriously difficult to diagnose.
• Pulmonary embolism: Sometimes mistaken for pneumonia or panic attacks.
• Appendicitis: Can be misdiagnosed as gastrointestinal upset.

Because these conditions often require urgent treatment, any delay or misstep in diagnosis can lead to life-threatening consequences.

Examples of Misdiagnosis Malpractice Cases

Let’s look at some real-world scenarios where misdiagnosis resulted in malpractice claims:

• Breast Cancer Delay: A woman visits her doctor with a lump in her breast. The doctor dismisses it as a cyst and doesn’t order a mammogram. A year later, the cancer is diagnosed, now Stage III instead of Stage I. The patient files a claim, asserting the delay resulted in more aggressive treatment and reduced survival odds.
• Meningitis in a Child: Parents bring their infant to the ER with a high fever and irritability. The doctor diagnoses a viral illness and sends them home. The child returns hours later in a coma from bacterial meningitis. The family sues for failure to diagnose and treat promptly.
• Misdiagnosed Heart Attack: A middle-aged man complains of chest pain and is sent home with antacids. He dies hours later from a heart attack. An investigation reveals that standard protocols for chest pain were not followed.

These hypothetical cases demonstrate how misdiagnosis can result not only in physical harm but in preventable death, and how medical professionals can be held legally accountable.

Why Misdiagnoses Happen

Medical providers are human, and even the most skilled doctors can make honest mistakes. However, many misdiagnoses occur because of preventable issues, such as:

• Rushed appointments
• Failure to listen to the patient
• Overreliance on technology
• Inadequate training or specialization
• Ignoring family or medical history
• Poor communication between doctors and specialists

Systemic problems, like understaffed hospitals or overburdened clinics, can also contribute to diagnostic errors.

What to Do if You Suspect Misdiagnosis Malpractice

If you or a loved one believes you’ve suffered harm due to a misdiagnosis, here are some steps to take:

1. Get a second opinion. If you haven’t already, consult another doctor — especially a specialist — to confirm or challenge your diagnosis.
2. Request your medical records. These records are crucial in understanding what steps were taken (or not taken) during your diagnosis.
3. Document your experiences. Keep track of your symptoms, treatments, conversations with providers, and how the misdiagnosis affected your health and life.
4. Consult a medical malpractice attorney. A medical malpractice lawyer at Morgan & Morgan can evaluate whether your case meets the criteria for malpractice and guide you through the process.
   
    

Potential Compensation for Misdiagnosis Malpractice

If your misdiagnosis case qualifies as malpractice, you may be eligible to recover damages such as:

• Medical expenses: Past and future bills related to your condition
• Lost wages: If your misdiagnosis caused you to miss work or lose your job
• Pain and suffering: Both physical and emotional
• Loss of quality of life: For permanent injuries or disabilities
• Wrongful death damages: If a loved one died due to a misdiagnosis

No amount of money can undo what you’ve been through, but compensation can help you recover and rebuild.

How Morgan & Morgan Can Help

At Morgan & Morgan, we understand how life-altering a misdiagnosis can be. Our team has decades of experience fighting for victims of medical malpractice, and we don’t back down.

We work with medical experts to review your records and determine whether negligence occurred. If so, we build a powerful case to hold the responsible parties accountable and seek the compensation you deserve.

Unlike many firms, we have the resources to take on even the most complex cases as the nation’s largest personal injury law firm, and we never charge upfront fees. We only get paid if you win.

Misdiagnoses can have tragic consequences. While not every error is malpractice, many are, and those affected deserve answers, accountability, and justice.

If you believe a misdiagnosis has harmed you or a loved one, don’t wait. Contact Morgan & Morgan today for a free case evaluation.