How Is a Misdiagnosis Claim Proven?

It is important to understand that a misdiagnosis does not always lead to a medical malpractice claim. Sometimes, doctors must try a number of different treatments before they can identify the right diagnosis, and the law recognizes that fact. To prove a misdiagnosis claim, you must show that the doctor did not provide the proper standard of care, or that the doctor did not act in the same manner another healthcare professional would have in the same situation. Expert testimony is the best way to prove this, and in Illinois, plaintiffs must provide a Certificate of Merit when filing a claim. This is a statement that is written and signed by a doctor in the same field of medicine. The Certificate of Merit is an affidavit, which means that it is considered sworn testimony.