Can You Sue a Doctor for Misdiagnosis in Pennsylvania?

A misdiagnosis can change your life fast. You may lose time for treatment, get the wrong medication, or go through procedures you never needed. In Pennsylvania, you can sue for misdiagnosis in some cases, but you have to show it was more than a reasonable medical judgment call.

This blog explains what a misdiagnosis claim is, why it matters, and how to take smart next steps if you think it happened to you.

What is Misdiagnosis in a Pennsylvania Medical Malpractice Case?

A misdiagnosis usually means a doctor diagnosed the wrong condition. But it can also include related mistakes, like delayed diagnosis or treating you for a condition you do not have. 

Common forms of misdiagnosis

1. Wrong diagnosis: The doctor labels your condition as something else, and the real problem is missed.
2. Delayed diagnosis: The correct diagnosis comes later than it should have, and that delay affects treatment or outcomes.
3. Failure to diagnose: A provider misses the condition entirely, often because tests were not ordered, symptoms were ignored, or results were misread.
4. Unnecessary treatment for the wrong condition: You receive treatment you did not need, and it causes harm, while the real condition gets worse.

What Has to Be Proven to Sue a Doctor for Misdiagnosis In Pennsylvania?

Most Pennsylvania misdiagnosis lawsuits follow the same core elements of medical malpractice that needs to be proven:

1. Duty of Care

This is usually shown by the fact that you were treated by the provider. 

2. A breach of the standard of care

You must show the doctor’s diagnostic choice fell below accepted medical standards, often through medical testimony. 

3. Causation

You must connect the misdiagnosis to the harm. For example, the wrong diagnosis delayed treatment and your condition worsened because of that delay. 

4. Damages

There must be real harm like added medical bills, lost income, disability, or pain and suffering. 

Why Does a Misdiagnosis Sometimes Lead to a Lawsuit?

Because the harm is often preventable. A misdiagnosis can cause real damage, like:

• Your condition gets worse because treatment was delayed
• You need more aggressive treatment than you would have needed earlier
• You suffer side effects from medication you should not have taken
• You go through procedures you never needed
• In serious cases, a delayed diagnosis can be life-threatening

That said, a bad outcome alone is not enough. A key question is whether the doctor acted unreasonably compared to what a similar doctor would have done in the same situation.

What are Common Examples of Misdiagnosis that Can Become a Claim?

Here are seven situations that often show up in misdiagnosis cases:

1. Cancer misdiagnosis or delayed cancer diagnosis
2. Heart attack misdiagnosis
3. Stroke misdiagnosis
4. Infection misdiagnosis
5. Failure to order the right tests
6. Misreading test results
7. Bias toward a “favorite” diagnosis

Not every one of these will qualify as malpractice. The details matter, especially timing and harm.

How Long Do You Have to Sue for Misdiagnosis In Pennsylvania?

In many cases, Pennsylvania gives you two years to file a medical malpractice claim. 

There are situations where timing is more complicated, like when you could not reasonably discover the harm right away. Pennsylvania’s “discovery rule” may affect when the clock starts. 

Because deadlines can be confusing, it helps to speak with a Pennsylvania misdiagnosis lawyer sooner rather than later.

How Do You Start A Misdiagnosis Claim In Pennsylvania?

Pennsylvania usually requires a Certificate of Merit in malpractice cases. This is a filing tied to a qualified medical professional’s review that supports the claim. 

That is one reason many people contact a lawyer early. The right legal team can gather records, build a timeline, and arrange the medical review needed for the case to move forward.

How Can You Tell if You May Have a Misdiagnosis Case?

You do not need to prove everything before you ask for help. But these are common signs a case may deserve review:

• Another doctor later found a different diagnosis and explained your symptoms better
• Your condition got worse during a delay in diagnosis or treatment
• You were treated for the wrong condition and suffered harm from that treatment
• You feel like your symptoms were dismissed and basic tests were not ordered
• The explanation you got does not match what you experienced or what the records show

What Should You Do Next if You Suspect a Misdiagnosis?

Here’s a practical checklist:

1. Request your full medical records
2. Write down a timeline of symptoms, visits, and what you were told
3. Follow up with a second medical opinion if you still feel unwell or your condition is not improving
4. Keep proof of losses, like missed work, bills, and added care needs
5. Contact a Pennsylvania medical malpractice lawyer to discuss whether the misdiagnosis may qualify as malpractice and what deadlines apply

Ready to Talk About What Happened?

If you believe a doctor’s misdiagnosis caused serious harm, you deserve clear answers. Contact Lowenthal & Abrams, P.C. to discuss your situation and learn what options may be available under Pennsylvania law. You can start by reviewing their wrong diagnosis page, then reach out when you’re ready.