Misdiagnosis medical malpractice?

UPDATED: Sep 30, 2022

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Misdiagnosis medical malpractice?

Recently I went to the
emergency room for a ‘feminine
problem’. E.R. staff did blood
work and exam. I was released
from the E.R. with the
diagnosis of perimenopausal
bleeding. Was referred to a
tune. Went to the gyne the
next day and was diagnosed
with a large fibroid that the
E.R. could not have missed.
That was the exact terminology
that the gyne used. Would this
classify as misdiagnosis? As
the fibroid was large enough
to not be missed?

Asked on July 17, 2017 under Malpractice Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Based on your doctor's statement, the emergency room misdiagnosed your medical problem. 
You would not have a viable case for medical malpractice because you would have to prove (damages) injury, illness, etc. from the misdiagnosis.  Since you went to the gynecologist the following day, how could you document injury, illness, complications, etc. from the fibroid the emergency room missed?

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