Can You Sue a Doctor for Misdiagnosis?

In Georgia, patients have the right to hold medical professionals accountable when negligence causes injury. A misdiagnosis can form the basis of a medical malpractice claim, but these cases often involve complex legal and medical questions.

A misdiagnosis occurs when a healthcare provider provides an incorrect, incomplete, or delayed diagnosis that results in harm. Common examples include a missed or late cancer diagnosis, attributing a heart attack or stroke to less serious causes, mismanaging chronic medical conditions like diabetes or autoimmune disorders, or overlooking infections or injuries.

Not every medical error qualifies as malpractice. To pursue a claim, the misdiagnosis must result from negligence, meaning the doctor failed to meet the standard of care expected of a reasonably competent medical professional in similar circumstances.

Misdiagnoses can lead to significant medical, emotional, and financial consequences. A delayed cancer diagnosis, for instance, can allow the disease to progress to an advanced stage, reducing the chances of successful treatment. Misdiagnosing a heart attack as indigestion can result in permanent heart damage or death.

Yes. In Georgia, patients can file a medical malpractice lawsuit against a healthcare provider who caused harm through a misdiagnosis. To succeed, a claim generally must show that the doctor owed a duty of care, breached that duty, caused harm through negligence, and that the injury led to measurable damages such as medical expenses, lost wages, or pain and suffering.

If you believe you have been misdiagnosed, the first step is to seek a second medical opinion. This can help confirm whether the initial diagnosis was incorrect and document when a doctor delays proper treatment. Preserving your medical records is also critical, as they will serve as key evidence in any potential claim.

Document all injuries, medical bills, lost income, and ongoing treatment costs. Finally, consult a medical malpractice attorney experienced in misdiagnosis cases. An attorney can review your records, identify potential defendants, and help gather expert testimony to establish negligence.

Medical malpractice claims involving misdiagnosis are complex because they require proof that the physician deviated from the accepted standard of care. Expert testimony from a medical professional in the same field is typically necessary. Other challenges include demonstrating that the misdiagnosis directly caused the injury, addressing arguments regarding pre-existing conditions, and Georgia’s statute of limitations, which generally requires filing within two years of the injury or within five years of the negligent act.

A successful claim for misdiagnosis can allow recovery for a variety of losses. This may include medical expenses for corrective treatment and ongoing care, lost income or diminished earning capacity, and compensation for pain, suffering, and emotional distress.

In cases of egregious negligence, punitive damages may also be available. The goal of these damages is to restore financial stability and hold the responsible medical professional accountable.

Doctors and hospitals often have skilled attorneys who are prepared to minimize liability from the moment a claim arises. Hiring a knowledgeable medical malpractice attorney is essential. Your lawyer can manage communication with medical providers and insurers, investigate the circumstances of the misdiagnosis, retain medical experts to establish negligence, and negotiate settlements or represent you in court to pursue fair compensation.