In Massachusetts, misdiagnosis can be grounds for a medical malpractice claim. However, a misdiagnosis is not necessarily negligent in and of itself. The plaintiff must show that a doctor, or other medical professional, failed in his or her duty to exercise the reasonable skill and care expected of an average, qualified professional 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, it is important to talk to an attorney who specializes in that area of the law.
For more information or to post a question, visit our Medical Malpractice Discussion Forum.