Can I File A Claim Against My Surgeon If I Am Misdiagnosed By Them?

When you seek treatment from a medical professional, you expect them to be treated with an adequate level of care. However, there are times when an incorrect diagnosis by a doctor or a surgeon can lead to injuries or illness for a patient. At The Weitz Firm, LLC, we are here to help when you need a Philadelphia misdiagnosis attorney. Let us investigate your case and work to secure the compensation you deserve.

Who made your diagnosis?

A misdiagnosis can lead to severe patient harm. Johns Hopkins researchers have said that medical mistakes have become the third leading cause of death in the United States. They also say that errors made while diagnosing a patient cause the most severe patient harm of any medical error and lead to the highest number of medical malpractice lawsuits. It is estimated that anywhere from 80,000 to 160,000 people are killed each year due to misdiagnosis.

However, it is important to understand who is responsible for diagnosing you. In most cases, surgeons do not diagnose patients. While surgeons are most certainly doctors, their work usually revolves around a diagnosis made by other medical professionals.

If you believe you have been misdiagnosed and this led to an error in surgery, your case may revolve around the doctor that made your diagnosis, not your surgeon.

Surgical errors can still lead to malpractice

This does not mean that a surgeon cannot be held responsible for medical malpractice. Surgical errors are serious and can lead to immense patient harm. In many cases, surgeons have to make decisions on their own while operating on a patient. Despite a particular diagnosis made before surgery, the human body is unpredictable. There are no amount of scans or tests that can fully prepare a surgeon for all issues they could face when they operate on a person.

If a surgeon makes a decision during surgery based on what they see inside of a patient, they could make a mistake. An on-the-fly diagnosis could endanger a patient. A surgeon could notice another problem while operating on a patient and make an improper decision to remedy it without checking with the diagnosing physician. In an emergency situation, this may be appropriate. However, if the situation is not life-threatening, a surgeon should take the time to properly assess and diagnose a situation before proceeding.

We can get you through this

If you or a loved one have been misdiagnosed by a surgeon or doctor, you should contact a qualified medical malpractice attorney as soon as possible. At The Weitz Firm, LLC, we are dedicated to helping victims harmed by medical errors secure the compensation they deserve. This can include:

  • Compensation for all medical expenses related to the misdiagnosis
  • Coverage of lost income and benefits if you cannot work while recovering
  • Loss of enjoyment of life or pain and suffering damages
  • Punitive damages against the healthcare provider/agency responsible

When you need a Philadelphia medical malpractice attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.