Do I have a case?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have a case?

My doctor told me I had a condition
and when I went to see another
health professional they told me I
never had that condition I had
something more that will be a
lifelong thing .

Asked on January 25, 2019 under Malpractice Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did the misdiagnosis hurt you? That is, did it cause your condition to be materially or significantly worse than it would have been had it been diagnosed properly the first time? If it did not, then there is no cause: the law only provides compensation for harm or injury done, so if the misdiagnosis changed nothing--if you would have had the same outcome no matter what--there is no harm and no lawsuit.
Even if the misdiagnosis did harm you, you'd still only have a case if the misdiagnosis for actually negligent or careless. The law accepts that medicine is not perfect: sometimes doctors, etc. do everything right but still get it wrong, because our knowledge and techniques are imperfect. If a reasonable careful doctor could have made that diagnosis, there is no malpractice; it is only malpractice if careless. 
So to have a case, you need medical negligence or careless (malpractice) which provably caused you harm.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption