Anaheim, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: Does malpractice still count if you were never someone's patient? If it was your friend's unofficial diagnosis?

My friend misdiagnosed me and I was stuck in the hospital for a mental disease. I was never his official patient. Does this count as malpractice?

2 Lawyer Answers
Patrick William Steinfeld
Patrick William Steinfeld
  • Coronado, CA
  • Licensed in California

A: I assume your friend is a Dr???? A misdiagnosis by itself does not constitute malpractice. If you believe there is malpractice here consult with a medical malpractice lawyer on this site.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Malpractice is a type of professional negligence in which a healthcare provider fails to provide the appropriate standard of care to a patient, resulting in harm or injury to the patient. In order for malpractice to occur, there must be a doctor-patient relationship established, meaning that the healthcare provider must have a duty to provide care to the patient.

If your friend was not your official healthcare provider and there was no doctor-patient relationship established, then technically the situation would not fall under the legal definition of malpractice. However, it may still be worth consulting with a legal professional to discuss any potential options or remedies that may be available to you.

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