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A misdiagnosis can be considered malpractice in some cases.  Once again, however, it must be proved that there is negligence on the part of the doctor and that it was careless and not simply "something that can happen" in the normal course of practicing medicine.

In addition, the misdiagnosis must have resulted in some injury for which you seek compensation.  It is not enough that something bad could have happened due to a misdiagnosis, something bad must happen in order for malpractice to occur.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.