If a doctor misdiagnosed your condition, and as a result, your condition worsened, you may be able to sue under the theory of medical negligence.
In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm — including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence
Common Types of Misdiagnosis
While there are as many potential misdiagnosis scenarios as there are diseases and other health problems, some of the most common types of misdiagnosis are:
Asthma is a chronic illness affecting the bronchial tubes, which normally allow air to come in and out of the lungs. May be misdiagnosed as recurring bronchitis.