Can You Sue a Doctor Who Misdiagnosed You?

Scrubs, a stethoscope, and a clipboard on a table. The clipboard has a piece of paper that says “Medical Malpractice” Approximately 795,000 Americans die or become permanently disabled annually because of misdiagnoses.

Diagnostic accuracy can literally be a matter of life and death. But when does a mistake become medical malpractice

At Johnson & Biscone, we understand the gravity of these situations and are here to help you navigate them. Our attorneys are highly skilled with decades of combined experience.

Can you file a lawsuit against a doctor who misdiagnosed you? Find out below.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider harms a patient by deviating from the standard of care expected from professionals in their field.

Misdiagnosis can fall under this category if it results in incorrect treatment, delayed care, or no care. The physician’s action or inaction must worsen the patient’s condition or cause other damages.

Can You Sue for Misdiagnosis?

You might have grounds for legal action if the wrong diagnosis caused significant harm. Cases like this also depend upon proving another competent doctor would not have made the same error under similar circumstances.

Some of the most commonly missed or delayed diagnoses include:

  • Colorectal cancer
  • Lung cancer
  • Breast cancer
  • Myocardial infarction (heart attack)
  • Prostate cancer
  • Stroke
  • Sepsis
  • Bladder cancer
  • Pulmonary embolism
  • Brain hemorrhage

Steps to Take if You Suspect Misdiagnosis

Do you believe you or a loved one has been incorrectly diagnosed? If so, it’s crucial to:

  • Seek a second medical opinion immediately
  • Gather all records and documentation related to the treatments received
  • Consult a knowledgeable attorney to discuss your situation

Remember that Oklahoma’s statute of limitations for medical malpractice is two years from the date of the injury, or, if symptoms are delayed, from the date the injury was discovered. Don’t postpone taking these steps. 

Why Choose Johnson & Biscone?

The lawyers at Johnson & Biscone specialize in medical malpractice cases, including those involving misdiagnosis.

Our team is deeply committed to helping clients achieve the justice they deserve. We offer personalized legal advice tailored to the specifics of each client’s claim.

You are backed by years of experience when you work with us. We have a strong track record of fighting for Oklahomans like you.

Schedule a Case Review in Oklahoma City

Don’t hesitate to reach out if you suspect that a doctor misdiagnosed you or a loved one. 

Contact Johnson & Biscone today at (405) 232-6490 for a case evaluation. Our team is here to answer your questions and help you understand your options.

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Oklahoma City, OK

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