When to Take My Medical Misdiagnosis to Court?

When to Take My Medical Misdiagnosis to Court?

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When to Take My Medical Misdiagnosis to Court?

When you have a medical condition or issue, you trust that your care providers will offer reliable medical services. This is especially true if you experience symptoms and are unsure what is causing them. 

If you’re in a situation like this, you should be able to trust that your physician will provide you with an accurate diagnosis. Getting the right diagnosis will guarantee that you receive appropriate and timely treatment. 

Unfortunately, some patients do not receive a reliable diagnosis for their medical issues. If you’ve experienced this issue, you may be thinking, “I need to know when to take my medical misdiagnosis to court.” 

When you have suffered harm because of your misdiagnosis, you may be able to pursue compensation for the associated damages. A skilled personal injury attorney will help you recover maximum compensation in your medical misdiagnosis case. 

If you find yourself thinking, “I need to know when to take my medical misdiagnosis to court,” don’t hesitate. Reach out to the accomplished attorneys at Morgan & Morgan today. 

As America’s largest personal injury law firm, we know what it takes to fight effectively for victims of misdiagnosis. When you contact our firm, we’ll happily provide you with a no-cost consultation to discuss the facts of your case. 

Fill out the contact form on our website to schedule a free case evaluation.

Understanding Misdiagnosis Claims

A misdiagnosis of an illness or injury happens when a physician categorizes your medical issue incorrectly. If they misidentify your condition or misread your test results, you may suffer harm. 

There are many different scenarios that can be categorized as a “misdiagnosis.” For instance, your medical care provider may fail to offer any diagnosis. 

When a patient is misdiagnosed, they may suffer severe consequences. A misdiagnosis can: 

  • Make the patient’s condition worse
  • Prevent the patient from receiving timely treatment
  • Result in the death of the patient 

Furthermore, Improper treatments can cause unintended side-effects and other health problems for the patient. In that case, the patient’s condition could get worse.

In extreme cases, a misdiagnosis may lead to the death of the injured or ill person. When this happens, the victim’s estate holder can pursue financial compensation for the associated losses. 

This type of claim is known as a “wrongful death” case. The skilled legal team at Morgan & Morgan has decades of experience successfully representing claimants in wrongful death claims. 

If you have been harmed because of a wrongful diagnosis, you may start to think, “I wonder when to take my medical misdiagnosis to court.” Not every instance of misdiagnosis qualifies as medical malpractice. 

To have a successful medical misdiagnosis case, you will need to provide evidence that your doctor violated the medical standard of care. 

When you visit a medical professional, you should not need to worry that you will receive inappropriate or inadequate care. When a physician fails to help a patient, it may qualify as medical negligence. To prove medical negligence, you must provide evidence that the misdiagnosis led to measurable harm.  

Whatever the circumstances of your case, speak with a knowledgeable legal expert to determine if you have a valid case. The specialists at Morgan & Morgan will schedule a no-cost meeting to review your misdiagnosis claim. 

Common Examples of Misdiagnoses

Nearly 5% of all medical patients are misdiagnosed. Even with a 95% success rate, many patients in the U.S. are harmed by a misdiagnosis each year.  

If you have not received the care you need or have experienced unnecessary treatment, you may have a valid misdiagnosis claim. In the aftermath of a negative medical experience, it’s natural to think, “I wonder when to take my medical misdiagnosis to court.” 

Every medical mistake involves a unique set of circumstances. Still, some misdiagnoses are more common than others. Some of the most commonly misdiagnosed conditions include the following: 

  • Asthma—typically misdiagnosed as bronchitis
  • Heart attack—often mischaracterized as panic attacks or indigestion
  • Lyme disease—typically misdiagnosed as depression or flu
  • Parkinson’s disease—thought to be Alzheimer’s, stress, or stroke
  • Lupus—typically misdiagnosed as fibromyalgia or rheumatoid arthritis 

When you’ve been diagnosed with one of these conditions and haven’t improved, it’s important to get a second opinion. If you have been misdiagnosed, speak with a skilled legal specialist. 

You should not bear the costs from a medical misdiagnosis alone. The compassionate team at Morgan & Morgan is ready to fight to recover maximum financial compensation in your case.

Steps to Take If You Get Worse After Seeing a Medical Professional

If you are experiencing a medical emergency, it’s critical to seek immediate care. Do not wait if you believe that you need urgent attention.

Your health and safety should always be your first priority. When your condition worsens after receiving a medical diagnosis, be sure to speak with a legal expert. 

When you have been diagnosed with a medical condition, make sure to take the requisite steps to protect your legal rights. Following a diagnosis, you have a duty to:

  • Adhere to your doctor’s orders unless your condition worsens
  • Seek additional care if needed
  • Not allow your condition to worsen intentionally
  • Not avoid seeking treatment on your doctor’s recommendation 

Taking these important steps is called “mitigating damages.” If you file a medical negligence case, your behavior will be reviewed thoroughly. 

You should avoid any actions that make it appear your harm was fraudulent or intentional. Patients who make their conditions worse on purpose will be ineligible for financial compensation. 

After your condition becomes worse, take the necessary steps to obtain the care that you need. Any illnesses or injuries that resulted from your failure to seek care will not be considered the result of a misdiagnosis.  

It’s best to have a personal injury attorney oversee your case from the beginning. Consult with a lawyer and tell them, “I need to know when to take my medical misdiagnosis to court.”

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  • How to Prevent a Misdiagnosis

    Misdiagnoses are incredibly frustrating and can be dangerous. However, medical professionals are only human.  

    Honest mistakes can and do happen. Because of this, it is vital to minimize your chances of being misdiagnosed by taking the following steps: 

    • Ask your physician questions if your condition does not improve
    • Seek a second opinion with another physician
    • Take notes about anything your doctor says
    • Request other possible diagnoses from your doctor
    • Ask your doctor to recommend another health professional
    • Schedule an appointment with a specialist 

    These steps will give you the best chance of securing an accurate diagnosis. Even with all these safeguards, some patients suffer from a misclassification of their illness or injury.

  • Knowing When to Take My Medical Misdiagnosis to Court

    Only some instances of medical mistakes qualify as “negligence.” If you’re wondering whether you can pursue financial compensation in your case, speak with a seasoned malpractice attorney. 

    Most medical diagnosis cases revolve around the legal concept of “negligence.” To prove negligence, claimants must provide evidence of four distinct elements, discussed below.

    Duty of Care

    You must show that the physician owed you a duty of care. This is usually proven by showing that there was an established doctor-patient relationship. 

    Doctors owe their patients a reasonable standard of care. You will need to provide evidence that your physician owed you this professional duty.

    Breach of Duty

    You will also need to prove that the doctor failed to live up to the reasonable professional standard of care. Not every misdiagnosis qualifies as a breach of duty.  

    To prove a breach, you will need to provide evidence that another competent medical professional would have provided an accurate diagnosis. 


    Victims must also prove that the misdiagnosis was the reason for the harm they suffered. Showing that you sustained damage is not enough. 

    The damage that you suffered must be causally related to the incorrect or missed diagnosis. Your legal representative will review your case to prove causation.

    Actual Harm

    Finally, you must prove that the misdiagnosis resulted in actual harm to you. If your physician misdiagnosed your condition and no harm resulted, you will be unable to recover compensation. 

    The skilled experts at Morgan & Morgan will gladly assess your claim. We will help you determine if medical negligence was the reason for the harm that you sustained.

  • What Types of Damages Are Available in Medical Malpractice Cases?

    Like most types of injury claims, medical malpractice cases usually involve two types of financial compensation for victims. These payments are called “economic” and “non-economic” damages.  

    Economic damages compensate injury and illness victims for their monetary expenses and losses. Some of the most common examples of this type of compensation include: 

    • Medical bills and expenses
    • Lost wages and income due to inability to work
    • Anticipated future medical care costs
    • Loss of long-term earning capacity 

    Other types of compensation are intended to repay the victim for their personal, physical, and emotional harm. These payments are known as “non-economic” damages. Some of the most typical examples include compensation for:

    • Physical pain and suffering
    • Loss of the ability to enjoy life
    • Emotional trauma and anguish
    • Depression, anxiety, and panic
    • Post-traumatic stress disorder (PTSD)
    • Embarrassment
    • Partial or total disability

    It can be difficult to accurately calculate the value of a medical malpractice claim. For this reason, you should speak with a legal professional at the firm of Morgan & Morgan. We’ll help you fight for all the compensation you need to move forward.

  • What Are Contingency Fees?

    Most personal injury attorneys are compensated through contingency fees. With this payment approach, a percentage of the recovery from your case is used to cover attorneys’ fees.

    A contingency arrangement means you will pay nothing unless your attorney recovers money for you. Do not be burdened with upfront legal fees. Reach out to the firm of Morgan & Morgan for fair and reliable representation.

  • Morgan & Morgan Is on Your Side

    When you have been harmed because of a misdiagnosis, contact Morgan & Morgan immediately. Our seasoned legal experts know what it takes to recover maximum compensation in all kinds of medical negligence cases. 

    You should not have to be burdened with the costs and losses resulting from a medical misdiagnosis. 

    For a no-cost and no-obligation legal consultation, fill out the contact form on our firm’s website today. 

    Let us fight for you.

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“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

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