When a doctor misdiagnoses your disease or injuries, you may indeed file a lawsuit. This is referred to as a "misdiagnosis" and falls under the umbrella of the law known as medical malpractice. 

Personal injury law is the general term for this subject of law. Cases involving personal injuries are civil, not criminal. Cases that result in death or that are intentionally misdiagnosed, however, can have some aspects of a criminal case. 

Why Do Misdiagnoses Occur?

a.     A mistaken estimate or misreading of your test results by the doctor would result in a misdiagnosis of your illness or damage. Their incorrect diagnosis could aggravate your medical condition (for example, not treating you correctly, and then you have a heart attack).

b.     Delay making the right diagnosis; for instance, when a patient's symptoms resemble kidney stones, they are given kidney stone treatment. Later, it becomes evident that the condition is indeed appendicitis, and the course of treatment is changed.

c.     Resulting in your death or other suffering (called "wrongful death" in legal cases).

If your doctor fails to provide you with a diagnosis at all, a case of misdiagnosis may still be applicable. In other circumstances, the medical facility or drugstore may be to blame.

All of these go against the "medical standard of care" that you ought to anticipate while working with a medical expert. Failure to receive medical attention from a doctor may be seen as medical negligence.

To be entitled to sue a doctor for a mistaken diagnosis, your misdiagnosis must always have resulted in harm or the death of a loved one.

Typical Error Diagnoses 
Doctors really have a relatively decent 95% success rate, with only 1 in 20 patients receiving a misdiagnosis. A wrong diagnosis, however, can result in a patient going untreated for too long or having to endure pointless procedures. Here are a few ailments that are frequently misdiagnosed:

1.     Misdiagnosis of asthma as chronic bronchitis

2.     Misdiagnosed as indigestion or a panic attack, a heart attack 

3.     Lyme disease has been misdiagnosed as the flu, melancholy, or mononucleosis.

4.     Misdiagnosis of Parkinson's as Alzheimer's, a stroke, or stress

5.     Misdiagnosed as rheumatoid arthritis, fibromyalgia, or chronic fatigue syndrome, lupus

What Should I Do If My Condition Gets Worse After Seeing a Doctor? 
Go right away to an urgent care center or the emergency room if it is an emergency. Your top objective should be to get healthier, and your lawyer will provide you with guidance on how to handle the matter. They ought to clarify that you have a "responsibility" to:

a.     Unless they are making you sick or you notice no improvement, abide by your doctor's orders.

b.     Do not postpone seeking additional care when necessary. 

c.     Do not purposefully wait for things to get worse. 

d.     Do not keep waiting just because your doctor said so. 

"Mitigating damage" is what we term this. The patient can be thoroughly examined in medical negligence proceedings just as much as the doctor. They'll want to make sure you're not intentionally making your injuries or illness worse by committing fraud. If you require different care, you must immediately obtain it.

In some circumstances, you can sue a doctor for your first illnesses or injuries, but any subsequent injuries that resulted from your waiting may not be included in that lawsuit. You would be liable for those fresh wounds.

The easiest way to prevent further issues and fight for a solid case is to have legal representation from the start.

Can I Avoid Getting a Misdiagnosis? 
It is awful when a doctor misdiagnoses you, but mistakes do occur. You can try to lessen the likelihood of a false positive diagnosis by:

1.     If you are not getting better, ask questions. 

2.     You may be seeking a second opinion or having your initial physician check your test results once more. 

3.     Note-taking for instructions, vocabulary, notes, and anything else you don't understand 

4.     I am requesting other diagnoses so you can change treatments if necessary. 

5.     Choosing a physician with a strong reputation or seeking out referrals for a new physician, scheduling a consultation with a specialist

I believe my diagnosis was incorrect. Next, what? 
Misdiagnosis or a delayed diagnosis as a result of medical misconduct is more common than you may imagine.

Only you are aware of your feelings. You should believe your instincts if you're not feeling better or if something seems strange. You can either consult a different doctor for a second opinion or go back to the first doctor and discuss the new problems or symptoms.

For allegations of medical malpractice, the statute of limitations, or the window of opportunity within which to file a lawsuit, often ranges from two to six years. It depends on the state you reside in, though.

To prepare for the process ahead of you and to learn when to seek professional assistance for your circumstances, read the steps and topics below.

I intend to sue my physician. How Can I Begin the Procedure? 
A free consultation with a medical malpractice lawyer should be your first step if you want to find out if you have a case and if the deadline has passed. Find a reputable law company with a knowledgeable medical malpractice attorney. Leave your name, phone number, and a few details about your case in the message. When they do, they should provide you with legal counsel on whether to pursue the lawsuit or not.

Remember that until you hire an attorney, you do not have an attorney-client relationship.

How Can Misdiagnosis Be Proven? 
A claim for negligence must have the following four elements: duty, breach, cause, and damages.

Did the doctor owe you a duty to look after you? Normally, a doctor has an obligation to operate as a fairly competent doctor wherever there is a doctor-patient interaction. 
Did the doctor violate his or her obligations? A doctor wasn't necessarily responsible just because he misdiagnosed a patient's condition. You would need to be able to demonstrate that another reasonably competent doctor might have made an accurate diagnosis of the condition in order to establish a breach of duty. 
Cause: Did the doctor's incorrect diagnosis actually affect you? A loved one of yours may have received a false diagnosis of the flu or cancer from the doctor, yet they were fatally run over the next day. The wrong diagnosis made by the doctor did not result in death. 
Damages: Were you hurt by the incorrect diagnosis? It's possible that the doctor misdiagnosed you with migraines rather than the flu. But he also gave you Tylenol, which worked to treat your sickness. This indicates that the incorrect diagnosis did not do any harm to you. 
Then, you might need to gather documentation to indicate any diagnostic or medical mistakes that occurred while you were in the hospital or at a doctor's appointment. Which will:

·       Future proof of your assertion 

·       Show that you were a patient of a doctor. 

·       Display proof of your doctor's carelessness. 

·       Give your lawyer a foundation on which to develop the case.

When you request them, healthcare professionals should disclose your records to you. You should let your lawyer know if it appears that they are refusing.

In order to demonstrate that your doctor was mistaken, you can finally seek out second opinions on the medical care you received. Differential diagnosis is a technique used to demonstrate an initial wrong diagnosis. If the matter ends up in court, more physicians might be called as expert witnesses.

Should I File a Case for Medical Malpractice? 
There may be a variety of causes for your incorrect diagnosis. You might have omitted a significant aspect of your medical history or symptoms; the doctor might not have listened to you; or they might have made a mistake. The most important thing is to improve, regardless of what caused it to happen. It can be fatal if you don't get the answers you need.

Get the medical care you require, and then look for an experienced lawyer to explain whether or not you have a medical malpractice case. Even if you genuinely like your doctor, you may need to file a lawsuit since it is your right to receive adequate medical care.