According to a study released by the journal BMJ Quality & Safety, nearly 12 million adults who seek outpatient medical care are misdiagnosed in the United States every year.  This number is the equivalent of one out of every 20 adults in this country. Though many of these misdiagnoses are benign and have no significant impact on the health of the patient, roughly half have the potential to have serious repercussions. If you or someone you love has been misdiagnosed by a health care professional and the misdiagnosis has resulted in an injury or negative health result, then you need legal advice. The misdiagnosis attorneys at Bochetto & Lentz are here to help guide you through the steps you need to take, and to provide you with legal representation that will compensate you for your injuries.


In some cases a misdiagnosis is a result of a patient not providing enough information about their medical history, making it difficult for the physician to know what historic or genetic factors may be contributing to the patient’s symptoms. In other cases a misdiagnosis may be a result of something as simple as the physician never following up to get test results. No matter what the cause, a physician is responsible for providing a reasonable level of care that is equivalent to what a patient can expect from any other practitioner, and when that is not the case and a misdiagnosis results, there may be cause for a lawsuit to be filed so that the injured person can receive compensation for the injury that they’ve suffered.


Misdiagnosis and delayed diagnosis of an illness, injury or condition are both forms of medical malpractice. Missing a diagnosis is not all that comes into play in a malpractice lawsuit: there must also be an injury that has resulted.  Proving that a physician should have made a correct or more timely diagnosis involves proving that the doctor acted incompetently, negligently, or unreasonably.  In other cases the misdiagnosis may be a result of diagnostic tests that were performed inaccurately or with faulty equipment.  Though the physician would not be responsible in these cases, the technician or laboratory may be held liable.


Though it may be aggravating to learn that a physician’s initial diagnosis was incorrect or that it took longer than it needed to for a diagnosis to be reached, that in and of itself is not enough to justify a lawsuit.  There must be harm that can be shown to have been caused by the misdiagnosis or delay – an example of this would be a cancer diagnosis that came late and therefore allowed the disease condition to spread. Harm can also come when a physician provides a diagnosis that leads to inappropriate treatment that causes harm, such as unnecessary exposure to radiation or undergoing surgery unnecessarily.


If you believe that you or someone you love has been harmed as a result of the misdiagnosis of a medical condition or injury, it is imperative that you seek legal advice from a qualified and experienced attorney. The misdiagnosis attorneys at the Philadelphia law firm of Bochetto & Lentz can provide you with compassionate, knowledgeable legal representation. Contact us today to set up a convenient consultation.

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