If you or a loved one suffered harm due to a medical misdiagnosis, you may be wondering: Can you sue a doctor for misdiagnosis in Georgia?
The short answer is yes — if the misdiagnosis resulted from medical negligence, you may have grounds for a malpractice claim.
However, proving a misdiagnosis case is complex, requiring specific legal and medical evidence.
Below, our experienced medical malpractice attorneys break down your rights, the legal process, and what you need to know about filing a medical misdiagnosis claim in Georgia.
For a free consultation, please call (706) 354-4000 or send us an online message today.
What Is a Medical Misdiagnosis?
A medical misdiagnosis occurs when a doctor fails to correctly identify a patient’s condition, leading to delayed or incorrect treatment.
Some of the most commonly misdiagnosed conditions include:
- Cancer. A failure to detect early signs of cancer may lead to disease progression and limited treatment options.
- Heart attacks and strokes. Symptoms of these life-threatening conditions are sometimes mistaken for less serious issues like anxiety or migraines.
- Infections. Misdiagnosing bacterial infections as viral illnesses can delay proper treatment, leading to complications.
- Autoimmune disorders. Conditions like lupus and multiple sclerosis are often confused with other illnesses, delaying proper care.
A misdiagnosis may cause serious harm, including unnecessary treatments, worsening health conditions, and even death. Speak to an attorney to explore your options if a doctor’s negligence led to a severe injury because of a medical misdiagnosis.
How Do You Prove a Medical Misdiagnosis Claim?
There are four elements you must prove in a medical misdiagnosis claim.
These elements establish the negligence of the medical professional:
- Duty. You must establish that there was a doctor-patient relationship and that the doctor owed you a duty of care as your treating physician.
- Breach. You must show that the doctor failed to meet the accepted medical standard of care that a competent physician would have followed.
- Causation. You must demonstrate that the misdiagnosis directly caused harm or worsened your condition.
- Damages. You must have suffered actual damages, such as medical expenses, lost wages, pain and suffering, or a reduced quality of life.
Medical misdiagnosis cases often require expert testimony from medical professionals to establish the accepted medical standard of care. An experienced attorney helps gather evidence and builds a strong case on your behalf.
Can You Sue a Hospital for Misdiagnosis?
In some cases, you may be able to sue a hospital for misdiagnosis instead of — or in addition to — the doctor.
Suing the hospital may be possible when:
- The misdiagnosis was due to a hospital’s systemic issues, such as inadequate staffing or faulty diagnostic equipment.
- The doctor was an employee of the hospital (rather than an independent contractor).
- Lab errors or miscommunication between hospital staff contributed to the misdiagnosis.
Holding a hospital accountable for negligence is challenging, but an attorney can help determine whether you have a valid claim against the institution.
How Long Do You Have to Sue for Misdiagnosis in Georgia?
Under Georgia’s medical malpractice statute of limitations, you generally have two years from the date of injury to file a lawsuit.
However, there are some exceptions:
- Discovery rule. If the misdiagnosis was not immediately apparent, the two-year clock may start from when you discovered (or should have discovered) the harm.
- Statute of repose. Regardless of when you discover the misdiagnosis, you cannot sue more than five years from the date of the negligent act.
- Minors and mental incapacity. Special rules may apply if the patient was a minor or mentally incapacitated at the time of the misdiagnosis.
Because deadlines are strict, it is crucial to consult an attorney as soon as possible to ensure the timely filing of your claim.
Damages You May Recover in a Misdiagnosis Lawsuit
If you successfully prove medical malpractice, you may be entitled to compensation for:
- Medical expenses — costs for additional treatments, surgeries, and ongoing care due to the misdiagnosis.
- Lost wages and earning capacity — compensation for time missed from work or loss of future earnings.
- Pain and suffering — physical and emotional distress caused by the misdiagnosis.
- Wrongful death damages — family members may pursue damages for funeral costs, loss of companionship, and other losses if the misdiagnosis results in death.
Georgia does not have caps on economic damages but does limit punitive damages to $250,000 in most situations. The courts do not typically award punitive damages except in cases where extreme negligence or willful and wanton conduct is proven.
Contact BBGA for Legal Help with Your Misdiagnosis Claim
Blasingame, Burch, Garrard & Ashley, P.C. helps clients who suffer harm due to a medical misdiagnosis.
Our experienced medical malpractice attorneys have dedicated their law careers to fighting for victims of negligence in Georgia.
Contact us by phone at (706) 354-4000 or fill out our online form to discuss your potential case and explore your legal options.
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