Definition of Misdiagnosis
A misdiagnosis occurs when a doctor fails to identity a patient's medical condition. If the misdiagnosis can be proven to be negligent, which is defined as a medical professional?s failure to exact the degree of care, skill, and prudence that a reasonable medical professional would have provided in a similar situation, a patient may be able to file a medical malpractice lawsuit against the doctor. Consider, however, a patient must also prove the misdiagnosis was the proximate cause of their injuries and they suffered loss. If a doctor misdiagnosed your condition but you were not injured, you do not have an injury case.
A misdiagnosis falls under medical malpractice law. If you have been the victim of a misdiagnosis you will have a specific amount of time to file a medical malpractice claim. This time limit is called the statute of limitations and it varies by state. If you miss the deadline you have forfeited your right to compensation for your injuries.