How to Prove a Misdiagnosis

how to prove a misdiagnosis

When a doctor, nurse, or other medical provider makes a diagnostic error, it can have serious consequences on the health and well-being of the patient. Not only that, but navigating the aftermath of a medical misdiagnosis can be overwhelming and confusing, especially when the patient is trying to recover from their condition physically. Discover how to prove a misdiagnosis in your medical malpractice case with helpful tips from our attorneys.

Knowing how to prove that a misdiagnosis occurred can help victims of negligence seek justice for their injuries and can guide them on the path toward financial recovery. In this blog, we will explore the essential steps and considerations in proving a medical misdiagnosis, helping you to build a strong foundation for your claim.

If you have suffered as a result of an incorrect, missed, or delayed diagnosis, you may be able to file suit against the negligent medical professional who failed to diagnose you correctly. The Michigan medical misdiagnosis attorneys at Lipton Law are here to help ensure you receive the legal representation you deserve.

Call us at (248) 557-1688 to schedule a free consultation with a member of our team regarding your misdiagnosis case.

What Is a Medical Misdiagnosis?

A medical misdiagnosis occurs when a healthcare professional inaccurately assesses a patient’s condition. This is done by either diagnosing them with a disease or condition that they do not have, or by failing to diagnose a condition that is present. This kind of diagnostic error can lead to incorrect or delayed treatment, potentially worsening the patient’s health and putting their life at risk.

Types of Misdiagnosis Cases

can you sue a doctor for misdiagnosis

There are a few main kinds of misdiagnosis cases that patients may suffer from as a result of a negligent healthcare provider. If you or a loved one has suffered harm as a result of any of the below kinds of misdiagnosis cases, you may have grounds for a misdiagnosis lawsuit.

Delayed Diagnosis

A delayed diagnosis occurs when there is an unreasonable delay in diagnosing a medical condition. When a medical professional fails to diagnose the condition in a timely manner, they also cause the patient to suffer from delayed treatment. This could cause the condition to progress, which may reduce the effectiveness of proper treatment or lead to more serious health consequences, especially in the case of something like a delayed cancer diagnosis.

Failure to Diagnose

Failure to diagnose is when a medical professional completely misses the presence of a condition, leading to no treatment being administered. A missed diagnosis can occur due to not recognizing the signs and symptoms, failing to order appropriate tests, or not properly evaluating the patient’s medical history. A doctor’s failure to correctly diagnose the condition can cause it to worsen, sometimes leading to irreversible damage or even fatality.

Incorrect Diagnosis

misdiagnosis lawsuit

An incorrect diagnosis is when a doctor diagnoses a person with the wrong condition entirely. A wrong diagnosis can not only cause the patient’s medical condition to go untreated, it can cause the patient to undergo unnecessary treatment for a condition that they do not have.

How to Prove a Misdiagnosis

So, can you sue a doctor for misdiagnosis? In order to sue for misdiagnosis, the victim has to prove that medical negligence occurred, which can be difficult. First, they have to prove that a doctor-patient relationship existed, which would create a duty of care.

From there, they have to show that their doctor deviated from the accepted standard of care they are required to provide. This is often proven through expert testimonies, where a competent doctor in a similar field testifies that, under similar circumstances, they themselves would not have made the same diagnostic error.

Additionally, there must be clear evidence that the misdiagnosis directly led to harm or worsened the patient’s condition. Successfully proving a misdiagnosis hinges on the ability to clearly link the doctor’s error to the patient’s harm. Documentation such as medical records, test results, and expert opinions are crucial in substantiating these claims.

If you are able to prove all of the above elements, you may be able to receive compensation for your losses in a medical malpractice claim. A Michigan malpractice law firm like Lipton Law can help ensure that you are able to prove misdiagnosis occurred, as well as provide you with the guidance you need to navigate through the legal process.

Call us at (248) 557-1688 to schedule a free initial case evaluation with an attorney on our team.

What Should I Do If I Think I Have Been Misdiagnosed?

wrong diagonsis

If a doctor fails to diagnose you with the correct condition, there are a number of steps you should take to minimize the effects of the error. Below are the steps you should take if you think you have been misdiagnosed.

Determine the Correct Diagnosis

If you suspect you were diagnosed with the wrong medical condition, the first step is to seek a second opinion from another medical professional. This can help confirm or refute the original diagnosis and provide clarity on your medical condition.

Be sure to share all relevant medical history, symptoms, and test results with the new healthcare provider to aid in an accurate assessment.

Gather Evidence of the Medical Misdiagnosis

can you sue for misdiagnosis

After you have a correct diagnosis, start collecting all pertinent medical records, including test results, prescription information, medical bills, and notes from doctor’s visits. Document any symptoms and unnecessary treatments you went through and their effects on your health.

Keep a detailed record of how this medical error has impacted your life, including any physical, emotional, or financial consequences. This can seriously aid you in a future medical malpractice case.

Contact a Medical Malpractice Attorney

Consult with a Michigan medical malpractice lawyer. They can help you understand your legal rights and options and can evaluate the strength of your misdiagnosis claim. They’ll also guide you through the legal process and assist you in gathering further evidence, such as expert medical opinions.

Was Your Doctor Negligent?


Determining whether or not a doctor or other medical provider was negligent when diagnosing their patient can be very difficult. Additionally, not all diagnostic errors are the result of medical negligence. It’s important that anyone who suspects that they have received a delayed diagnosis, missed diagnosis, or a wrong diagnosis contact an experienced legal professional regarding their case.

Types of Diagnostic Mistakes Doctors Can Make

Doctors can make a number of different diagnostic errors while treating their patients. Doctors may be unable to provide their patient with a correct diagnosis due to:

  • Misinterpreting test results: Doctors can sometimes incorrectly interpret the results of lab tests, scans, or biopsies, leading to a misdiagnosis. This error can occur due to oversight, lack of experience, or technical errors in the testing process.
  • Overlooking symptoms: Some diagnostic errors happen when a doctor fails to consider all of the patient’s symptoms or dismisses them as minor or unrelated. This can result in missing critical signs that point to a specific condition.
  • A failure to consider patient history: A comprehensive understanding of a patient’s medical history is crucial in making an accurate diagnosis. Neglecting to consider past health issues or familial diseases can lead to incorrect conclusions about the patient’s current condition.
  • Confusing conditions with similar symptoms: Many diseases share common symptoms, which can lead to confusion and misdiagnosis. For example, the symptoms of a heart attack can be similar to those of indigestion, anxiety, or other less critical conditions.
  • Premature diagnosis: Sometimes, a doctor may rush to a diagnosis without fully exploring all possible causes of the symptoms. This haste can prevent further investigation that might reveal the actual underlying condition.
  • A failure to order appropriate tests: In some cases, a doctor might fail to order necessary diagnostic tests or refer a patient to a specialist. This can result in missing crucial information needed for an accurate diagnosis.
  • Diagnostic bias: Doctors may sometimes be influenced by their own biases, leading them to focus on certain diagnoses while overlooking others. This can happen particularly in cases where a patient’s symptoms are atypical for a certain condition.

Contact a Michigan Medical Malpractice Lawyer with Lipton Law


Healthcare providers have a duty to serve their patients and provide them with a certain level of care. When they fail to provide their patients with that care by ignoring or failing to recognize complications, they can seriously harm their patients or even put their lives at risk.

If your doctor failed to provide you with an accurate diagnosis and appropriate treatment, you may be able to recover compensation for your losses in a medical misdiagnosis case. The dedicated attorneys at Lipton Law are committed to helping victims of medical malpractice seek justice against negligent medical staff, ensuring that victims see compensation for the damages they’ve suffered

Call us at (248) 557-1688 or contact us online to schedule a free consultation with one of our experienced attorneys.