6 Steps to Take After a Hospital Misdiagnosis: Protecting Your Health and Legal Rights

You trusted the hospital and the doctors — the people who were supposed to fix what was wrong. But here you are, still sick and still searching for answers. Maybe their diagnosis didn’t sit right. Maybe your health got worse, not better. Whatever happened, you’re dealing with the fallout of a hospital misdiagnosis (known as a diagnostic error), and now, you’re asking yourself, “What’s next? Where do I even begin?”

First things first, take a deep breath. This isn’t something you have to handle alone. Between protecting your health and addressing your legal concerns, there are steps you can take to regain control. And by the time you’re done reading this, you’ll understand those steps and know how to move forward with a misdiagnosis lawyer who can help you along the way.

1. Put your health first always

After a diagnosis that wasn’t right, getting it corrected isn’t just important — it’s urgent. Stop and ask yourself, ”What do I need to do right now for my health?” The answer might be different for everyone, but here’s a good place to start:

• Seek a second opinion: If you haven’t already, make an appointment with another doctor. Someone who’ll take a fresh look at your symptoms. Ideally, you’d go to a specialist who deals with your condition often. Don’t hold back when you share your concerns. You know your body best.
• Move on if you need to: Trust matters in medicine. If the team treating you before wasn’t listening or dismissed your concerns, it’s okay to switch. You deserve better care.
• Write everything down: This includes notes about symptoms, new diagnoses, and meds they’re giving you. Even interactions with doctors. All of this is your record. One you might need later, whether for your own health updates or for holding someone accountable.

Getting the right medical attention is key, not just for your health but also for any legal steps. The second specialist might also point out things the first doctor should’ve caught but didn’t.

2. Start to figure out what went wrong

You may already be going over it again and again in your head. How did this happen? How did they miss this? Unfortunately, there’s no single answer to those questions.

Some common reasons for misdiagnoses:

• Labs made a mistake. Maybe your bloodwork or test results got mixed up.
• A doctor overlooked or shrugged off symptoms they shouldn’t have.
• They skipped a critical test or didn’t think it was necessary.

Here’s the thing, though. Not every wrong diagnosis automatically equals malpractice. Sometimes, an illness is hard to detect, but other times, it’s clear someone didn’t do their job right. That’s where a misdiagnosis lawyer comes in handy. They can decipher what went wrong and whether it counts as negligence or just an honest error.

3. Get your medical records (this might be frustrating)

It sounds simple, right? Just ask for your records. But if you’ve already tried, you know hospitals don’t always make this easy. Go ahead and request them anyway. Be persistent.

Start with everything: test results, CT scans, physicians’ notes, the whole shebang. They can charge you a copying fee, but they can’t say no to your request.

Having this info is more than just your right as a patient. It’s a key building block for your case if you move forward. Also, reviewing the records with your new doctor might offer clarity on where things went sideways.

Pro tip? Bring these to your misdiagnosis lawyer sooner rather than later. They’ve got the expertise to spot red flags in your medical history.

4. Call a lawyer

Here’s the part people hesitate about. It feels like a big step to talk to a lawyer, but if you suspect malpractice, you need someone who knows this world.

Going up against a hospital isn’t exactly a level playing field. They’ve got teams of lawyers who handle these cases all the time. Without legal help, trying to make headway on your own is not realistic.

Why does it matter to have a lawyer on your side? They know what evidence you’ll need. They’ll talk to medical experts who can explain how the hospital’s actions led to your harm.

And don’t wait too long. If you’re in D.C., the legal clock runs fast. There’s a three-year time limit for most malpractice cases, with few exceptions. Don’t take any chances.

Remember, most misdiagnosis lawyers work on contingency, so you don’t owe them a penny unless they win your case.

5. The investigation process

Working with good legal counsel takes some of the weight off your shoulders. But you’ll still have a role in the process. Together, you’ll pull together everything needed to tell the full story.

Here’s what might happen during this phase:

• Experts get involved: Medical pros review your case and weigh in on whether malpractice occurred.
• A timeline gets pieced together: When did symptoms first appear? What tests were done? What wasn’t done, that should have been?
• Evidence builds: This is where your records, notes, new doctor visits, and even second-opinion findings come into play.

This all takes time. But your lawyer is laying the groundwork here to ensure that, whether through a settlement or a court decision, you stand a solid chance of winning compensation.

6. Prepare for settlement talks (or court)

Most malpractice cases never actually go to trial. And for good reason. Hospitals would rather end things quietly. But don’t expect them to roll over and offer up a check.

Hospitals almost always start low. The hope is you’re desperate enough to accept less than what you’re truly owed.

And if they won’t negotiate fairly, the trial becomes the fallback. This may sound stressful, but good lawyers prep their clients so they feel confident, even in court.

At the end of the day, whether a settlement comes through or you have your day in court, the goal doesn’t change — to hold the hospital or doctor accountable and ensure you’re compensated enough to recover and rebuild.

Take a step toward justice and healing

Being misdiagnosed isn’t just a mistake. It’s a ripple effect that can touch every part of your life. If this happens to you, you deserve to ask questions, get answers, and find the right people to guide you through it.

At Nace Law Group, we’re here to stand by victims of medical malpractice, including hospital misdiagnoses, across Washington, D.C. Whatever went wrong, you don’t have to face it alone. If you believe that a doctor or hospital made a mistake that worsened your condition, we’re ready to help. Call us or fill out our contact form so we can talk about your case and fight for the justice you deserve.