Can You Sue A Doctor For A Misdiagnosis?

On This Page

1. When Is Misdiagnosis Medical Malpractice?
2. Misdiagnosis Puts Patients in Danger
3. Proving Medical Malpractice in Pennsylvania
4. Let Berger and Green Pursue Damages in Your Case
5. Talk to a Member of the Berger and Green Team About Your Case Today

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

Under some circumstances, you may be eligible to sue a doctor for a misdiagnosis. Misdiagnosis and delayed diagnosis are top reasons behind medical malpractice lawsuits in the United States. A misdiagnosis can quickly lead to worsening health and even additional injuries or illness when the patient receives a treatment they did not need.

If you suffered injuries or illness because of a misdiagnosis in Pittsburgh, the medical malpractice team from Berger and Green offers free case reviews. We can help you understand the strength of your case and your rights.

When Is Misdiagnosis Medical Malpractice?

Some conditions are difficult to diagnose, especially if the patient does not present with typical symptoms. When a doctor makes a misdiagnosis or a delayed diagnosis in a complex case where most doctors with similar training and experience would not have identified the correct condition, there is little ground for a lawsuit.

However, when a doctor makes a mistake — one most doctors with the same training and experience working in the same geographical area would not make —you may have grounds for taking legal action. If a doctor deviates from the expected standard of care and this causes them to diagnose you incorrectly or not diagnose you at all, this could be medical malpractice.

Misdiagnosis Puts Patients in Danger

Getting misdiagnosed is extremely dangerous for patients. Like a delayed diagnosis, it prolongs the time before the patient receives the proper treatment. This allows their condition to progress. This can mean advancing cancer, brain damage after a stroke, internal bleeding after a car accident, or even death when the condition is already critical.

Also, unlike a delayed diagnosis, a misdiagnosis may mean the patient receives treatment for a condition they do not have. This could result in side effects or complications. Not only is the underlying, original condition a concern, but the unnecessary medications, surgery, or other treatment are an additional danger to the patient.

Proving Medical Malpractice in Pennsylvania

Pennsylvania law requires the victim to prove three things in every medical malpractice case:

• The usual standard of care provided by a doctor or other medical professional with similar education and experience; and
• The doctor or care provider deviated from the expected standard of care; and
• That their action or inaction caused you to suffer additional illness or injury

To prove this, we must call in a medical expert witness who can attest that we have a valid medical malpractice case. This expert witness must have similar education and experience to the doctor who misdiagnosed you, as well as practice in the Pittsburgh area or nearby to where the incident occurred.

At Berger and Green, we have an extensive network of expert witnesses we can call on for this testimony. We can identify the best medical expert witness based on the facts of your injury and build a strong case around this testimony.

It is important to note that we only have a short time to take legal action in a medical malpractice case in Pennsylvania. You will want to go ahead and give us a call or text as soon as possible after you discover your injuries.

Let Berger and Green Pursue Damages in Your Case

If you or a loved one suffered preventable injuries or illness because of misdiagnosis or delayed diagnosis, you might be eligible to hold the doctor liable for your expenses and losses. Let our team review your case for free, and we can help you understand the strength of your case.

If we can settle your suit or win a verdict in court, you may be eligible to recover damages that include:

Economic Damages

Economic damages cover your expenses and reimburse you for your losses related to the malpractice. This may include:

• Medical bills and related costs
• Ongoing and future care costs
• Lost wages and diminished earning capacity
• Out-of-pocket expenses

Non-Economic Damages

Non-economic damages include the losses you cannot quickly put a monetary value on. This may include:

• Pain and suffering
• Mental anguish

Punitive Damages

Occasionally, victims of medical malpractice may qualify for punitive damages in Pennsylvania. This is possible when the doctor or another health care professional commits willful or wanton misconduct. Pennsylvania does not limit economic or non-economic damages, but there is a limit on the amount of punitive damages you can recover.

Talk to a Member of the Berger and Green Team About Your Case Today

The team from Berger and Green evaluates potential medical malpractice cases for free. We can explain your eligibility and help you take legal action. Call or text us today at 412-661-1400 to get started.