You went to your doctor looking for answers. Instead, you left with more questions. Misdiagnosed, or worse, dismissed entirely. Maybe they said it was stress, or that you were “overthinking it.” Now, your condition has worsened, and you can’t help but wonder—what if they’d just taken me seriously?
If your health has declined because of a doctor’s failure to diagnose or an incorrect diagnosis, you’re probably asking: Do I have a medical malpractice case? Let’s break it down.
Not every misdiagnosis is medical malpractice. Doctors aren’t fortune tellers, and some conditions are notoriously hard to pin down. But when a doctor fails to meet the standard of care—meaning another reasonably competent doctor in their position would have caught the issue—things start to shift into malpractice territory.
If you sought medical care from a doctor and they agreed to treat you, they had a duty to provide proper care. This means they were responsible for your well-being and obligated to follow established medical guidelines.
Doctors aren’t expected to be perfect, but they are expected to be careful. If another medical professional with similar training would have made the correct diagnosis, your doctor’s negligence might be to blame. This could mean they failed to order the right tests, misinterpreted lab results, or ignored obvious symptoms that should have raised red flags.
A medical malpractice claim isn’t about punishing doctors for simple mistakes—it’s about real harm. If the failure to diagnose or misdiagnosis led to serious complications, a delayed diagnosis of cancer or irreversible damage, that’s when malpractice comes into play. For example, missing an early-stage cancer diagnosis can mean the difference between a treatable illness and a terminal condition.
Lawsuits aren’t about frustration—they’re about medical expenses, lost wages, pain, suffering, and emotional distress that should not have happened in the first place. A valid misdiagnosis lawsuit must demonstrate significant damages—whether that’s permanent health complications, financial burden from unexpected treatments, or a decreased quality of life.
Some conditions are infamous for getting misdiagnosed. If yours is on this list, you’re not alone:
If you’re thinking about legal action, time matters. California has a statute of limitations for medical malpractice lawsuits:
If you wait too long, your case could be dismissed, no matter how strong it is. This is why speaking with a medical malpractice attorney as soon as possible is crucial.
Winning a medical malpractice lawsuit often depends on expert witness testimony. Courts rely on expert witnesses—other medical professionals—to determine whether your doctor failed to meet the standard of care. This means another doctor will review your case and provide an opinion on whether the original physician acted negligently.
Take Huffman v. Lindquist (1951): The California Supreme Court ruled that doctors can be held liable if they miss a diagnosis that a reasonable physician would have caught. Or Landeros v. Flood (1976), which held that failing to diagnose and report obvious abuse had serious legal consequences. These cases highlight how medical negligence can have devastating results and why expert witness testimony is so critical.
If your medical malpractice lawsuit is successful, you could receive compensation for:
California caps non-economic damages at $250,000 under the Medical Injury Compensation Reform Act (MICRA), limiting compensation for pain and suffering, but economic damages are not capped.
These are rare but possible if the doctor’s actions were reckless or grossly negligent, such as knowingly ignoring critical symptoms or falsifying test results.
If something feels off, don’t ignore it. Here’s what to do:
Not every misdiagnosis case leads to a lawsuit, but if your doctor’s negligence seriously harmed you, it’s worth exploring your options. In cases of wrongful death, where a misdiagnosis led to injury or death, legal action can provide justice for the patient and their family.
If a doctor’s failure to diagnose has left you suffering, you don’t have to face it alone. At DP Injury Attorneys, we help people like you get the justice and compensation they deserve. Medical negligence can change lives, but so can taking action.
Let’s discuss your case. Your health and future matter. Contact us today for a free case review and take the next step toward justice.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
