To file a medical malpractice claim, a doctor or other health care professional must have failed their duty to follow the appropriate medical standard of care. A fairly common type of medical malpractice claim involves misdiagnosis. However, a  misdiagnosis won’t always lead to harm. So you cannot sue a doctor who made a harmless mistake. Unless a doctor’s mistake results in serious injury to the patient, the chances of winning a medical malpractice case are small.

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If you believe you were harmed by a doctor’s misdiagnosis, reach out immediately to an experienced misdiagnosis lawyer. A Louisville misdiagnosis attorney can help you prove your injury was a result of a misdiagnosis by a medical professional.

What Must Be Proven in A Misdiagnosis Case?

In order for a medical malpractice case to be successful, a lawyer must be able to prove:

  • A doctor-patient relationship existed and the patient agreed to treatment;
  • The doctor was negligent in providing treatment; and,
  • The doctor’s negligence caused injury to the patient.

Negligence in a medical malpractice case is defined as the failure of a medical professional to exercise the appropriate standard or duty of care for the situation. A medical professional is required to provide care similar to what another medical professional would have provided with similar training in a similar situation.

Every doctor has a duty to act as a reasonable doctor would, given their level of expertise in the situation. Not every mistake a doctor makes constitutes malpractice. Much depends on whether they acted as a reasonable doctor would have in that situation.

In a misdiagnosis case, you must prove there was a breach of duty, the doctor misdiagnosed a condition, and their failure to provide a proper diagnosis actually and proximately caused your injuries to occur.

Proving Causation In A Misdiagnosis Case

Proving causation can be very challenging in a misdiagnosis case. You must prove the harm you suffered was not just the result of a medical condition, but the harm was a direct result of the doctor’s misdiagnosis. In other words, you must prove you were injured in a way that would not have happened had a proper diagnosis been made.

Filing a Claim In Court

Contacting an attorney sooner rather than later if you believe you have a valid medical malpractice claim. That’s because under Kentucky’s statute of limitations, you have one year to file from the time of the misdiagnosis or when you should have reasonably known you were misdiagnosed.

Let a Misdiagnosis Attorney Help

A misdiagnosis lawyer can help determine if you were misdiagnosed by gathering your medical records and looking over the treatment you received from your doctor. An attorney can also make sure all evidence is preserved and hire experts to help prove your case. Schedule a consultation today to learn about the role of a Louisville misdiagnosis attorney.


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Becker Law Office
9300 Shelbyville Rd Suite 215A
Louisville KY 40222

(502) 333-3333
9300 Shelbyville Rd
Suite 215A


KY  40222
5225 Dixie Hwy
Suite 100


KY  40216
7310 Turfway Road
Suite 550A


KY  41042
201 East Main St
Suite 300


KY  40507
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