A misdiagnosis can occur when a physician gives a patient the wrong diagnosis of a disease or medical condition.  This can result in the patient receiving the wrong treatment or medications which can lead to serious injury, and even death.

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If you believe you received a misdiagnosis by your physician, reach out to the experienced legal team at Becker Law. Our misdiagnosis attorneys can review your case, hire expert witnesses, and help you prove you were the victim of negligence. Call to learn about the unique aspects of a Louisville misdiagnosis case.

Can a Misdiagnosis Be An Acceptable Mistake Rather Than An Example Of Medical Malpractice?

It is important to keep in mind that mistakes and bad outcomes do sometimes occur, and do not always rise to the level of malpractice.

Circumstances in which a misdiagnosis can qualify as an acceptable mistake rather than medical malpractice depend on several factors. For example, if a disorder or health issue is very closely related to one another, or if the illness is still relatively new in the medical field, then those misdiagnoses could be acceptable mistakes.

In order to prove the physician’s liability, it must be proven that the medical professional owed a duty of care to the patient, that they breached their duty, and that the breach was the actual cause of the patient’s tangible injuries.

Reducing Or Preventing The Occurrence Of Misdiagnosis

Doctors and other medical professionals can reduce or prevent the occurrence of misdiagnosis by simply giving their full time and attention to the patient. In some cases, a physician may have a preconceived notion of what a patient is suffering from. They may ignore other red flags and become convinced of a diagnosis simply because they were not willing to consider other possibilities.

To reduce misdiagnosis, doctors must always treat their patients with an open mind, consider all the factors and symptoms their patient is suffering, and be willing to look outside the box or even consult other physicians to ensure they are giving the most accurate diagnosis possible.

Duty of Care To Prevent An Accident

Preventative actions play into the duty of care a medical professional may owe their patients. In order for a misdiagnosis case to proceed,  the patient must show that by failing to accurately diagnose their harmful health condition, the doctor failed to demonstrate the level of skill that a similarly-trained and experienced doctor would have shown under the circumstances

Use of Expert Witnesses

Expert witnesses play a huge part of misdiagnosis cases. In some cases, having a medical expert can lead to a case settling out of court rather than going to trial since the defendant will have a better sense of the weight of the evidence and the strength of your case. If the case does go to trial, expert witness testimony is useful in helping juries understand complex information. Their testimony can also add credibility to the patient’s claim since a medical expert supports the claim.

How a Misdiagnosis Attorney Could Help

Some of the most common types of misdiagnosis in Louisville include asthma, cancer, heart attacks, and strokes. Depending on the patient’s underlying condition, any misdiagnosis could lead to a worsening of the patient’s condition or even death. If you or a loved one suffered a worsening medical condition or death due to a medical misdiagnosis, schedule a consultation to learn how an experienced attorney can help. Get started today.


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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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