What are my rights if my doctor misdiagnosed my condition?

UPDATED: Aug 2, 2015

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What are my rights if my doctor misdiagnosed my condition?

Asked on August 2, 2015 under Malpractice Law, Oregon


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

Answered 7 years ago | Contributor

You give no specifics of your case. However, to prove medical malpractice, 2 things must be shown: (1) that due a doctor's (or certain other medical professional's) negligence (2) their patient suffered harm. Whether or not an injury was suffered is easier to prove and fairly straighforward. However, proving negligence is more difficult becasue it's not laways quite as clear.

When it comes to the issue of negligence in a medical malpractice claime centers on whether or not the doctor breached the applicable "medical standard of care". This means that inder the same circumstances, would a doctor with similar training in the same medical community have identified the problem and/or offered the same treatment? Without more info, it's hard to advise further. You should speak with a local personal injury attorney; such a consultation is typically free.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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