Under what conditions may I sue my doctor for a misdiagnosis?
Generally, you can sue a medical provider for malpractice if the provider’s care falls below the standard of care for that type of treatment. Since the appropriate standard of care can be identified only by others practicing in that field (except in situations where malpractice is obvious, even to the layperson), you can sue your doctor when you or your lawyer are able to find another doctor willing to state under oath that he or she believes that your doctor’s care fell below the standard. Remember, however, that medicine is not an exact science. Some mistakes, including some misdiagnoses, may not be grounds for a lawsuit.