One of the common reasons that a medical malpractice lawsuit is against a health care practitioner is when they fail to diagnose a medical condition or illness that makes the condition of the patient even worse. While this may sometimes be medical malpractice, misdiagnosis alone does not prove malpractice.

A medical malpractice lawsuit must prove three things. First, that there was an understanding between the doctor and patient that would be considered a doctor-patient relationship. Second, the doctor must not have given the necessary treatments to the best of their ability. Third, due to the lack of proper care, the patient sustained further injuries.

When Misdiagnosis is Medical Malpractice

A misdiagnosis does not necessarily indicate malpractice. Medical malpractice can be proven in misdiagnosis if the doctor failed to act as would be reasonably expected and did not recognize what other doctors in their position would. Therefore, if a patient can prove that another doctor with similar specialties and with the same information available would have properly diagnosed the patient, medical malpractice may have occurred.

In order for failure to diagnose to be considered medical malpractice, it must be proven that:

• The doctor did not include the correct diagnosis that a similarly skilled doctor would have
• The doctor had the correct diagnosis but failed to act in a manner appropriate to the needs of that condition
• The diagnostic equipment used to test the patient was faulty
• Human error occurred in the testing process that caused the doctor to obtain inaccurate information

If any of these occurred, but no harm or injury occurred to the patient, then it may not be medical malpractice. However, if a patient's condition was made worse by this failure to diagnose, then they may have a case for medical malpractice.

To determine what medical malpractice laws apply in your state and how this may affect your case, consult with a medical malpractice lawyer in your area. An attorney can go over the details of your situation and determine whether or not medical malpractice occurred. If you have a case, you will be able to take actions against the doctors and technicians you had trusted with your care.