Submitted by MWhatley on Mon, 06/22/2009 - 12:08
My dad was misdiagnosed about a heart condition (doctor said it was nothing). He had a bad episode where he blacked out, cut his head and had to go to the hospital. He is taking meds now and is fine, but I was wondering if misdiagnosis is medical malpractice and whether he can sue.
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Editor's Response
The generalized answer is that, in Massachusetts, misdiagnosis is certainly grounds for a medical malpractice claim, in some cases. However, a misdiagnosis is not necessarily negligent in and of itself. The plaintiff would have to show that doctor failed in his or her duty to exercise the reasonable skill and care expected of an average, qualified physician in similar circumstances.
Even if the doctor did violate that duty of reasonable care, then the question becomes whether the plaintiff suffered injury and damages as a result of that breach of duty. Because, medical malpractice claims are extremely fact sensitive, I would encourage you or your dad to talk to an attorney who specializes in that area of the law. Good luck, and please tell your friends about The Forum.