If a doctor misdiagnosed my medical condition, can I sue?

Asked on July 23, 2015 under Malpractice Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

For a medical malpractice claim to be successful 2 things must be shown that due to another's negligence the patient suffered harm. Whether or not an injury (i.e. harm) as suffered is easier to prove. However, proving negligence is more difficult.

The issue regarding negligence centers on whether or not the doctor breached the applicable "medical standard of care" under the circumstances. This means, would a doctor with similar training in the same medical community have identified the problem?Without more info, it's hard to advise further. You should consult directly with a personal injury attorney on your situation; such a meeting is typically free.

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