Making a case for malpractice based on an alleged misdiagnosis requires proving all of the following facts:
- A provider-patient relationship existed, which means the doctor named as the defendant actually recorded your diagnosis;
- The doctor named as the defendant failed to meet the standard of care, which means that they made a mistake other doctors would not have made;
- The error directly harmed you, which means a direct connection can be made between the misdiagnosis and worsened symptoms; and
- The harm you suffered was severe, which usually means you suffered a disability, required hospitalization or needed lengthy and expensive treatment that would not have been necessary if the diagnosis had been correct and made in a timely manner.
You will need reports and testimony from independent experts regarding whether the defendant doctor failed to meet the standard of care, whether the misdiagnosis caused harm and how severe the harm was.