If a doctor misdiagnosed my medical condition, can I sue?

UPDATED: Jul 23, 2015

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: Jul 23, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a doctor misdiagnosed my medical condition, can I sue?

Asked on July 23, 2015 under Malpractice Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

For a medical malpractice claim to be successful 2 things must be shown that due to another's negligence the patient suffered harm. Whether or not an injury (i.e. harm) as suffered is easier to prove. However, proving negligence is more difficult.

The issue regarding negligence centers on whether or not the doctor breached the applicable "medical standard of care" under the circumstances. This means, would a doctor with similar training in the same medical community have identified the problem?Without more info, it's hard to advise further. You should consult directly with a personal injury attorney on your situation; such a meeting is typically free.

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 AttorneyPages.com 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