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If a doctor/hospital fails to diagnose my illness properly, is that doctor responsible for medical malpractice?

San Diego, CA |

If I go to a doctor and he diagnoses me incorrectly, is he directly responsible for what happens after?

Attorney Answers 4


  1. It is possible that failure to diagnose can be malpractice. You should speak with a local medical malpractice lawyer who can review your medical records and make a determination.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.


  2. Maybe so, maybe not. It really depends on the medical condition that wasn't correctly diagnosed.

    The real issue is whether the doctor complied with the standard of care. Sometimes a doctor can order the right tests but they may be returned as inconclusive; if the diagnosis gets missed at that point, the doctor may not be at fault as he'she complied with the standard of care in ordering the right tests.

    Also, a misdiagnosis of a the flu, say, is far different than a year-long delay in the diagnosis of breast cancer.


  3. While I cannot give you legal advice in this forum, medical malpractice cases are complex. Go speak with at least 3 attorneys who specialize in medical malpractice. You can search for them online.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.


  4. There are a lot of details missing from your question. If you were in fact misdiagnosed, you should meet with a medical malpractice attorney to discuss the possibility. If you are asking a hypothetical question, the answer is: It depends on the standard of care, whether the doctor complied with the standard of care and what the consequence was to you. Keep in mind that the time in which you have to bring you claim, if there is one, is only one year. Act quickly.

    Best of luck to you.

    Attorney Rebekah Ryan Main

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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