Medical Misdiagnosis: Do You Have a Case?

March 10, 2025 @ 10:59 am

Getting a medical diagnosis is rarely a quick, simple process. It often requires multiple doctor visits, detailed medical histories, extensive testing and referrals to specialists. Patients may spend weeks or even months undergoing blood work, imaging scans, biopsies or other diagnostic procedures. The expectation is that the resulting diagnosis will lead to effective treatment and improved health. 

Sometimes, though, healthcare providers make mistakes and give a misdiagnosis that can have devastating consequences. While not every misdiagnosis qualifies as medical malpractice, some circumstances may warrant legal action and the support of a medical malpractice lawyer.

Medical Misdiagnosis Vs. Medical Malpractice

When a patient visits a doctor with a medical concern, they expect the doctor to listen carefully, ask the right questions and take the necessary steps to determine what may be wrong. In turn, the law recognizes that doctors have a professional duty to follow an accepted standard of care when diagnosing patients. This means they are expected to use their medical knowledge, skills and available resources to reach an accurate diagnosis or—at the very least—make a well-supported and reasonable effort to do so.

Many common medical office practices are actually considered critical steps to the process involved in making a correct diagnosis.

• Gathering a complete medical history is key for discussing symptoms, personal and family medical histories, lifestyle factors and any relevant risk factors.
• Performing a thorough physical exam can allow a physician to detect clear physical signs and symptoms.
• Ordering appropriate tests and screenings like blood tests, imaging scans, biopsies and other diagnostics can be used to confirm or rule out potential conditions.
• Interpreting test results accurately is essential to identifying areas that are normal as well as areas for concern.
• Evaluating multiple possible conditions ensures a doctor has reason for ruling out the most serious or likely ones, for example.
• Referring patients to a specialist when necessary ensures a patient gets the best quality of care. If a case is beyond a doctor’s expertise, they have a duty to seek specialized input.

A medical misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s condition. While a misdiagnosis alone does not automatically indicate medical malpractice, it can be a red flag to look more deeply at a situation. 

If a doctor fails to follow these essential steps—rushes through an exam, ignores key symptoms, misreads or misplaces test results, or dismisses a patient’s concerns, for example—and that failure leads to harm, it may merit consideration for medical malpractice.

When Is a Misdiagnosis Considered Medical Malpractice?

To prove malpractice, a patient must show that the doctor deviated from the standard of care and that this negligence directly resulted in injury or worsened health—the effects of a misdiagnosis. A misdiagnosis can take several forms, and each type can have serious consequences.

• Incorrect Misdiagnosis. A doctor may diagnose a patient with the wrong condition. The patient then receives unnecessary treatments while their actual illness remains untreated and possibly worsens. For example, a patient with early-stage lung cancer is diagnosed with bronchitis and prescribed antibiotics instead of receiving necessary cancer treatment.
• Missed Diagnosis. A doctor may completely fail to recognize that a patient has a medical condition. The patient is often told that they are healthy or that their symptoms are minor even though they actually do have a serious illness. For example, a woman with classic signs of a heart attack is sent home with a diagnosis of anxiety or indigestion, delaying critical treatment.
• Delayed Diagnosis. A doctor may eventually make a diagnosis—but not in a timely manner. The delay can allow a condition to progress to a more serious or untreatable stage. For example, a patient with an aggressive form of cancer has symptoms that are initially dismissed. By the time the cancer is diagnosed, it has advanced beyond effective treatment.
• Failure to Recognize Complications. A doctor may correctly identify a patient’s condition but fail to recognize complications that make the case more urgent or require different treatment. For example, a patient with diabetes is diagnosed with an infection, but the doctor does not recognize the increased risk of severe complications due to their diabetes.
• Failure to Diagnose a Related or Secondary Condition. A doctor may correctly diagnose one condition while failing to recognize and diagnose other conditions that are also present and affect the patient’s medical condition. For example, a patient with high blood pressure is treated for hypertension, but the underlying cause—kidney disease—is overlooked and remains untreated.
• Failure to Order or Interpret Tests Correctly. A doctor may fail to order necessary tests, order the wrong tests, misinterpret results, or even misplace or neglect results. For example, a radiologist misreads a mammogram, missing signs of early breast cancer.

Each of these forms of misdiagnosis can lead to preventable harm, and in some cases, they may be grounds for a medical malpractice claim. The key factor in determining malpractice is whether the doctor’s failure to diagnose was due to negligence—meaning they did not take the reasonable steps expected of a competent medical professional in a similar situation.

What to Do If You Were Misdiagnosed

Realizing that you may have been misdiagnosed can be frustrating and overwhelming. Whether you suspect an error or have confirmed that a doctor got it wrong, taking the right steps is essential to protecting your health and legal rights.

• Seek a second professional medical opinion. Getting a second, unbiased, independent assessment from another qualified doctor is essential. A fresh perspective can confirm whether the initial diagnosis was incorrect, missed something critical or required a different approach. If your condition is complex or serious, you may need a specialist who will be able to provide a thorough evaluation and accurate diagnosis.
• Gather and review your medical records. Your medical records contain vital information about the diagnostic process like test results, physician notes and treatment plans. Be sure to request copies of all records—lab reports, imaging scans, doctor’s notes and prescription history, for example. Check whether the proper tests were ordered. Look for discrepancies between your symptoms, your test results and the given diagnosis.
• Document your symptoms and treatment progress. Keep detailed records of your symptoms, your treatments and how your condition has progressed as potential evidence. Note changes in your condition and any worsening symptoms. Track your medications and treatments and their effectiveness. Record doctor visits and the advice given at each visit.
• Correct the diagnosis, and start proper treatment. Your priority should be getting the right diagnosis and appropriate medical care. If a second opinion confirms a misdiagnosis, act quickly to start the correct treatment to prevent further harm. If the error caused harm, you may want to discuss your legal options with an attorney.
• Report the misdiagnosis if necessary. Reporting the issue can help prevent similar mistakes from happening to others. If you believe the doctor was negligent, you can file a complaint with the state medical board. You can report hospital-based errors to the facility’s patient advocacy office. You may also be able to leave a factual review on healthcare rating sites to warn others.
• Consult a medical malpractice attorney. If a misdiagnosis has led to serious harm—such as delayed treatment, unnecessary procedures or worsening health—you may have grounds for a medical malpractice claim and need the support of a medical misdiagnosis attorney. Acting quickly is particularly important because of the time limits involved for filing a malpractice lawsuit in Louisiana.

All of these steps are important, work together and can happen concurrently. They also all have legal implications for a potential medical malpractice lawsuit.

Benefits of Working with an Experienced Medical Malpractice Lawyer

Medical malpractice cases are complex, requiring a deep understanding of both medical and legal principles. An experienced medical malpractice lawyer can be a critical asset in pursuing justice and fair compensation. They can help:

• Evaluate whether you have a case and assess whether the doctor’s actions—or failure to act—amount to negligence under the law. If the case is strong enough to move forward, they can outline your legal options and potential outcomes.
• Work with a network of specialist doctors, forensic medical experts and life care planners who can provide expert testimony on how a misdiagnosis might have occurred and its full impacts.
• Ensure that your case is filed on time, all required legal documents and notices are properly submitted, and all legal steps are completed.
• Push back on insurers, present solid evidence to prove medical negligence and negotiate to secure fair compensation.
• Build a compelling courtroom case with expert witnesses, medical evidence and legal arguments to advocate for the compensation you deserve.
• Secure compensation for medical expenses, future medical needs, lost wages and reduced earning capacity, pain and suffering, and even punitive damages in cases of extreme negligence.

In short, a misdiagnosis can steal precious time and money from a patient. Attorneys work to ensure that any settlement or court award truly reflects the harm suffered—rather than allowing insurance companies to downplay damages. Without legal representation, patients often accept inadequate settlements simply because they are unaware of their full rights and long-term financial needs.

Build Your Case with the Malpractice Experts

In Louisiana, the statute of limitations is just one year from the date of the alleged malpractice or from the date the patient discovered—or should have reasonably discovered—the malpractice. However, regardless of when the malpractice is discovered, there is an absolute deadline—referred to as a statute of repose—that requires that all medical malpractice lawsuits be filed within three years of the date of the alleged malpractice. This means that even if a patient becomes aware of the malpractice after three years have passed, they are barred from filing a claim.

However, filing a claim halts the clock. If you are suffering due to a medical misdiagnosis, reach out to the experienced medical malpractice attorneys at Morrow, Morrow, Ryan, Bassett and Haik. Schedule your free consultation today, and let’s work together to explore your legal options.

Sources:

https://physicians.uslegal.com/duty-of-care-required-by-physicians/
https://www.justia.com/injury/medical-malpractice/common-types-of-medical-malpractice/misdiagnosis-and-failure-to-diagnose/
https://www.findlaw.com/injury/medical-malpractice/can-you-sue-a-doctor-for-the-wrong-diagnosis-.html
https://www.gilmanbedigian.com/the-duty-to-properly-diagnose/#:~:text=Duty%20to%20Diagnose&text= Health%20care%20professionals%20have%20the,provide%20in%20the%20same%20situation.
https://www.standardsofcare.org/medical-malpractice/types/misdiagnosis/
https://www.nolo.com/legal-encyclopedia/louisiana-medical-malpractice-laws.html