Contact Us

Practice Areas Misdiagnosis

Medical malpractice cases are very serious and it is crucial to seek legal help if you or a loved one has experienced some sort of malpractice, including misdiagnosis. Our team at Brooks Injury Law is prepared to help you earn compensation.

Medical Malpractice

What is Misdiagnosis Medical Malpractice?

Misdiagnosis or failure to diagnose is the most common form of medical malpractice throughout the country. In the United States, nearly 12 million people are misdiagnosed each year. Misdiagnosis commonly occurs because some illnesses display symptoms that are similar to that of another illness, making it difficult diagnose. Misdiagnosis makes it difficult for a doctor to implement successful treatments. Misdiagnosing a patient or failing to diagnose them with an illness can result in treatment delays, lack of treatment all together, and sometimes wrongful death. In addition to unintended harm, giving unnecessary treatments to a patient can form large medical bills, as well. In some cases, misdiagnosis or failure to diagnose can result in serious or life-threatening injuries. When certain conditions are not properly treated in a timely manner, a patient's condition can worsen and can require more invasive treatment or become untreatable causing death.

Common Misdiagnosed Illnesses

Heart attack
Lyme Disease

What is Needed to Prove a Misdiagnosis Case?


1. Relationship Doctor-Patient Relationship

This is probably the most simple step to prove in a misdiagnosis case. A doctor-patient relationship existed if the doctor agreed to provide certain treatment or care. This relationship tells the court that the doctor did indeed have a certain obligation.

2. Negligence Negligent Care

To prove that the treatment you received from a doctor was negligent in your diagnosis the court will consider whether or not the doctor violated the medical standard of care. The term "standard of care" is defined as the level and type of care that a skilled health care professional would have provided under the circumstances that led to the alleged malpractice. Proving that your doctor did not meet the medical standard of care during your diagnosis is crucial to a medical malpractice case.

3. Injury Negligence Led to Injury

You cannot win a misdiagnosis case just by proving that a doctor was negligent. You must be able to show how that negligence led to your injury or a loved one's wrongful death. You must prove that your condition worsened, or you suffered additional medical issues due to the actions of your doctor. This is where an attorney can be used to explain how your medical issues were a direct result of the negligence.

4. Details Details of Harm

To prevail in a misdiagnosis case, you must be able to show the harm or damages you have suffered due to negligence. This can be shown through medical bills or lost wages. In malpractice cases, plaintiffs are typically also entitled to compensation for physical and emotional pain and suffering that the negligence caused as well.

Things to Remember

A misdiagnosis or a failure to diagnose itself is not direct evidence of negligence.
You must be able to determine whether the doctor acted competently. This involves an evaluation of what the doctor did and did not do in arriving at a diagnosis.
You must be able to prove that a doctor in a similar specialty, under similar circumstances, would not have misdiagnosed your illness.
Misdiagnosis can sometimes occur because the doctor relied on inaccurate results from lab tests, radiology films, etc. Equipment can be faulty or other human error can occur, such as the technician using improper procedures or misreading a result. At this point, another person might be at fault for your misdiagnosis. Again, the patient must prove that the error was the direct result of negligence.
Obtaining all of this information by yourself can be stressful. The entire process can be confusing. We want you to have peace of mind and focus on recovery. Contact Brooks Injury Law for help with a misdagnosis or other medical malpractice case.

Medical Malpractice

  • Misdiagnosis
  • Birth Injuries
a man and a woman sitting at a table
Misdiagnosis or failure to diagnose is the most common form of medical malpractice throughout the country. In the United States, nearly 12 million people are misdiagnosed each year.
Birth injuries, not only leave the baby suffering, but the parents also experience a level of pain. Some injuries during birth cannot be avoided, but others are at the fault of medical negligence.

Our Team

Meet the Team