Can I Sue My Doctor If I Was Misdiagnosed?

Proving Medical Malpractice Based on Diagnostic Errors

Each year, a staggering number of medical malpractice lawsuits stem from misdiagnosis and delayed diagnosis. In fact, recent statistics show that approximately 12 million people are misdiagnosed annually in the United States. When doctors fail to make an accurate and timely diagnosis of a harmful or potentially life-threatening condition, it is the patient who suffers the consequences. However, it is important to understand that not all misdiagnoses can be attributed to medical negligence.

If you were misdiagnosed by your doctor, you must be able to establish that your doctor breached the applicable “standard of care” – or, in other words, that they failed to act reasonably under the circumstances. For this reason, it is highly recommended that you enlist the help of a Washington, DC medical malpractice attorney from Simeone & Miller, LLP if you believe that you have a case. Our firm can help you determine whether or not you have legitimate grounds to file a lawsuit.

Common Diagnostic Errors Caused By Negligence

Doctors may negligently fail to diagnose or misdiagnose a patient if they:

  • Fail to screen the patient for a particular condition
  • Fail to refer the patient to a medical specialist
  • Fail to order lab tests or misinterpret the results
  • Fail to consult the patient about their symptoms
  • Fail to investigate potential causes of an illness

Determining If Your Doctor Was Negligent

If you have reason to believe that you were misdiagnosed by your doctor, you must be able to establish three important factors in order to file a successful medical malpractice lawsuit. First, you must be able to show that a doctor-patient relationship existed (i.e. the doctor had an obligation to treat you). Next, you must be able to prove that your doctor was negligent, or that they failed to act competently. Finally, you will need to establish that your doctor’s negligence resulted in harm.

A misdiagnosis can harm the patient in several different ways – for example:

  • It can result in more aggressive treatment than was necessary
  • It can expose the patient to harmful treatment (such as radiation)
  • It can result in unnecessary or risky surgical procedures
  • It can increase the likelihood of the patient suffering complications
  • It can increase the likelihood of patient death or near-death
  • It can result in additional, and unnecessary, medical expenses

Call Simeone & Miller, LLP for More Information

If you suspect that you have a valid case against your doctor, you should waste no time in contacting the Washington, DC medical malpractice lawyers at Simeone & Miller, LLP. Not only can we start your case with a free, no-obligation consultation, but we won’t ask you to pay anything up-front or out-of-pocket if you decide to work with our team. Our attorneys accept cases on a contingency fee basis, which means that you don’t pay unless we recover compensation for you. Call us now to get started!


Thousands of satisfied clients can’t be wrong! Call Simeone & Miller, LLP to discuss your case in a free consultation – you can reach us at (202) 888-0872.