Q: I'm not getting better. Is this medical malpractice?
A: It could be. Forty percent of malpractice claims are the result of a doctor failing to diagnose a serious illness or injury. If a doctor has prescribed treatment and you are not getting better, you may be a victim of misdiagnosis. In this case, you may want to seek a second opinion from another doctor. A wrong diagnosis may be considered medical malpractice if the misdiagnosis leads to injury, disability, financial losses, or death.
If you are not feeling well and your doctor has dismissed your symptoms as being due to fatigue or stress, you may also want to seek a second opinion. Non-diagnosis of an illness may also be medical malpractice.

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Lawrence K. Land, Injury Lawyer
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