Medical misdiagnosis is not the same thing as medical malpractice or medical negligence. And just because a medical provider such as a doctor misdiagnosed a certain condition, it doesn’t mean that the medical provider committed malpractice.
Medical misdiagnosis simply means that someone incorrectly diagnosed a medical condition.
Sometimes, different conditions have all of, or some of, the same symptoms and the medical provider (such as a doctor) has to make an educated guess as to what is wrong with the patient. If the medical provider guessed wrong, it may not be malpractice because other reasonably prudent medical providers in the same circumstances may have made the same guess.
However, medical misdiagnosis can be medical malpractice. If a medical provider misses or ignores a symptom that would indicate a certain medical condition and the patient is injured, there may be medical malpractice or medical negligence. Or if a medical provider fails to require a certain test when the situation indicates that the test should be given and the test would disclose a medical condition, and the patient is injured because of the condition, there may be medical malpractice or medical negligence.
Obviously, every situation is different. If you have any questions whatsoever, talk with a lawyer licensed in your state.