Legal Question in Medical Malpractice in Pennsylvania

Re: misdiagnosis

Misdiagnosis over a 9 month period causing a worsened condition may or may not constitute malpractice. It would depend on whether or not an expert witness, hired by the victim, would be able to testify that the misdiagnosis were to be a deviation from the standard of care as opposed to a misdiagnosis which was the result of an understandable judgment call on the part of the doctor. Clearly, if the misdiagnosis was a deviation from the standard of care, and a client's condition worsened, this would constitute malpractice. However, in order to pursue a malpractice case, this "worsened condition" would have to wind up being permanent in nature.

It is expensive to pursue a malpractice case and, therefore, the damages caused by the malpractice need to be permanent and usually leading to some type of functional problem. The only way that an attorney can determine the correct answer to this question would be to obtain all of the medical records, analyze the damages incurred by the client, and attempt to obtain an expert review of the records.

Another factor would be whether or not the condition was correctly diagnosed by a subsequent treating physician. If so, will this physician provide an opinion and/or cooperate?

Any further questions should be directed to an attorney who has experience in handling medical malpractice cases since they are not for the timid. If you have further questions, contact Leonard A. Sloane, Esquire, Eckell, Sparks, Levy, Auerbach, Monte, Rainer & Sloane, P.C., 344 W. Front Street, Media, Pa., 19063, (610) 565-3700

Re: misdiagnosis

In a nutshell,yes. Medical malpractice cases are always complicated and complex. However, if a misdiagnosis leads to a worsening of a condition than a claim may exist.

I suggest that you contact an attorney to discuss all viable options.

Re: misdiagnosis

Yes it can. Your case is going to depend on how obvious the misdiagnosis was. The standard of medical malpractice is basically did the doctor do something that other doctors would not have done and did this injure or worsen your condition.

In PA you have only two years to file a lawsuit. You should see an attorney to talk about your case. If you want to talk to me for free give me a call at (610) 635-5555 or email me. I am currently representing a person who has a similiar case (misdiagnosis).