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The Role of a Medical Misdiagnosis Lawyer

Oct 11, 2023

Medical professionals must diagnose and treat you according to the standard of care. The standard of care refers to the degree of care a reasonable and prudent person in the same industry with the same amount of experience and knowledge would exercise under similar circumstances.


If a medical professional fails to uphold the standard of care while diagnosing and treating you, you may be eligible to sue them for medical malpractice or medical negligence. There are many types of medical negligence, including medical misdiagnosis. Learn about medical misdiagnosis and how Spence Law Firm's trusted medical misdiagnosis lawyers can assist you with a claim.

What Is a Medical Misdiagnosis?

A medical misdiagnosis happens when a healthcare provider fails to provide a timely and correct diagnosis. A missed diagnosis can happen due to incorrect testing, faulty systems, and missed symptoms. 

Conditions that are often misdiagnosed include:

  • Bladder cancer
  • Brain hemorrhage
  • Breast cancer
  • Colorectal cancer
  • Lung cancer
  • Myocardial infarction (heart attack)
  • Sepsis
  • Stroke
  • Pulmonary embolism

Failing to give a correct and timely diagnosis can have disastrous consequences, such as wrong treatments, unnecessary pain and suffering, and even death. For example, suppose a nursing mother is misdiagnosed with mastitis instead of breast cancer. Unfortunately, her healthcare team gives her antibiotics instead of anti-cancer treatment, leading to rapid disease progression. By the time she is diagnosed with breast cancer, she may only have months to live.

What Must Be Proven in a Misdiagnosis Case?

Like everyone else, doctors make mistakes. As such, you can't file medical misdiagnosis lawsuits whenever a health care provider makes a mistake.

You must be able to prove the following to file a successful misdiagnosis lawsuit:

  • The healthcare provider owed you a duty of care: The provider had a responsibility to diagnose you correctly if you had a doctor-patient relationship with them. For instance, if you have a terrible stomachache and go to the emergency room (ER), the on-call doctor has a duty of care and may be held responsible for misdiagnosing you. However, if you go to a party and talk to a pharmacist friend about your symptoms, your friend does not have a duty of care to diagnose you correctly.
  • The provider violated the duty of care: Next, you must demonstrate that the provider's commissions or acts did not meet the standard of care. In other words, if your provider misdiagnosed you and other doctors in the same field as your provider would have diagnosed you correctly, you would have a higher chance of filing a successful misdiagnosis lawsuit.
  • You suffered as a direct result of the provider's misdiagnosis: Besides proving your provider breached the duty of care, you must show you suffered harm directly due to your doctor's misdiagnosis. Your lawsuit will not succeed if your doctor's misdiagnosis did not harm you.
  • You suffered compensatable losses. Finally, you must show that your losses can be compensated for. An experienced Wyoming and New Mexico medical misdiagnosis lawyer can help you identify and calculate the economic, non-economic, and punitive damages you deserve.

You must also bring your claim within your state's statute of limitations or deadline. In Wyoming and New Mexico, the deadline is two and three years within the date of the alleged malpractice, respectively. If you don't meet the deadline, you will be barred from filing a claim for your medical misdiagnosis case.

A medical misdiagnosis law firm can ensure you meet all applicable deadlines. They can also handle your communications and paperwork so you can focus on recovery.

The Crucial Role of Medical Misdiagnosis Lawyers

Although it's technically possible to file a medical misdiagnosis claim by yourself, doing so can be daunting, time-consuming, and error-prone. Here's why you should hire a medical misdiagnosis lawyer to handle your case.

Advocate for Justice in Healthcare

First, a lawyer for medical misdiagnosis has the expertise, connections, and resources to advocate for justice in healthcare. They can gather evidence such as medical bills and medical records, conduct legal research about healthcare laws and what constitutes an accurate diagnosis, and build a strong case.

If your lawsuit goes to court, your case may establish a new legal precedent, making it easier for other injured people to hold medical professionals accountable for misdiagnosis.

Connect the Legal and Medical Fields

Your medical malpractice lawyer can also connect the legal and medical fields. They can:

  • Stay current on medical advancements and changes in medical standards: Medical malpractice lawyers have a deep understanding of medical terminology, practices, procedures, and guidelines. Some have gone to medical school or worked in healthcare before becoming a lawyer.
  • Collaborate with medical experts to evaluate cases: Your lawyer can collaborate with a network of medical experts, such as radiologists, surgeons, pathologists, and physicians, to evaluate your case. Consulting these experts provides insights into the causation, standard of care, and consequences of misdiagnosis.
  • Identify suitable expert witnesses: Your medical malpractice attorney can identify and retain top medical experts to testify on your behalf during legal proceedings. This can significantly increase your chances of obtaining maximum compensation.

Seek Accountability and Compensation for Victims

Lastly, your lawyer for misdiagnosis can seek accountability and compensation for victims. 

Your attorney for misdiagnosis can file a medical malpractice lawsuit on your behalf, establish negligence, gather and preserve evidence, call expert witnesses, and negotiate a fair settlement with the opposing side(s). If the opposing side(s) refuses to settle and you want to go to trial, your lawyer can use their courtroom skills to ensure you get due justice and compensation. 

Consult Our Medical Misdiagnosis Attorneys for Legal Guidance

If you or a loved one have suffered physical, emotional, and financial damage due to a healthcare provider's medical misdiagnosis, call The Spence Law Firm. Our Wyoming and New Mexico trial lawyers are dedicated to seeking justice and financial compensation while helping to protect others from what caused your injuries. We have ample experience filing lawsuits against doctors, hospitals, and other healthcare providers.

Call 844-520-4622 or fill in our contact form to learn more about how we can help. The Spence Law Firm's wrong-diagnosis attorneys offer free case consultations. 

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.