Is misdiagnose considered a medical malpractice case?

Early this year I was diagnosed with Lyme's disease. Then, I saw an infections diseases doctor who believed that I had a "mild case of Multiple Sclerosis". He referred me to a neurologist who believed I was "just stressed". The neurologist prescribed a muscle relaxed. I decided to go to a Lyme disease specialist and I was screened for lyme’s diseases and other co-infections such as Babesiosis, Ehrlichiosis, and Bartonella. My test results came out positive for lyme’s disease, Babesiosis duncati and Ehrlichiosis monocytic. I’m still being treated for these infections to this date. I received a bill of $524 for the previous consultations with the ID and Neurologist doctors, while they misdiagnosed my condition, and delayed my treatment. would this case be considered a medical malpractice?
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Answers (2)

Robert Lee Marshall

Robert Lee Marshall Avvo Pro

Contributor Level 7
In order to prove medical malpractice, you would have to show that the prior doctors' treatment fell below the normal standard of care. You said you were diagnosed with Lyme disease, then went to other doctors. Why didn't you just start treatment in the beginning?

It sounds like the infectious disease doctor and the neurologist were trying to rule out other serious conditions, which is usually part of the diagnostic procedure.

Even if you could prove they did not give you the level care that a reasonably well trained doctor would have under the same circumstances, you would also have to prove that the delay in diagnosis somehow harmed you.

Medical malpractice cases are extremely expensive and difficult. If your only loss is $524 in medical bills, it would cost you far more in legal fees than you would be likely to recover.

However, you should still discuss it with a malpractice lawyer in your area, Another attorney might have a different view of the case, especially if there are facts not contained in your original post.
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Frank H. Bailey

Frank H. Bailey

Contributor Level 3
Possibly, but it is unlikely an attorney would accept your case. Due to tort reform, medical malpractice cases almost always require catistropic injury. Thankfully it does not sound like your injuries are serious enough to justify litigation.
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