What can be done if a misdiagnosis caused an extension of pain and suffering?

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.

It depends on how much pain and for how long. Small cases aren't worth handling.

In order to prove malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. This is particularly difficult in psyhiatric malpractice situations, since ther are far fewer "objecitve" tests such as x-rays, MRIs etc. You will need to get copies of ALL of the medical and psychiatric records and have a psychiatrist review them; if he/she is willing to testify that the previous psychiatrist failed to conform to accepted practice, then there is a case. But even then the exacerbation of the condition would have to be substantial in order to merit damages that would justify pursuing the matter.

Of course they can be sued. Can you prove your case? you have to have all the medical charts and have them reviewed by medical experts, then ask them the malpractice question. They may be unwilling to do that or you may not be able to afford their fees for such service. The question is not diagnosis but so what? Is the question. what result if no change in diagnosis? Or what result if the diagnosis were changed. Can you prove the difference and that the difference was caused by the failure of diagnosis? Or might it have been 6 of one and half dozen of the other. Very complex business and not simple like you lay it out.

You would have to prove the standard of care for caring for elderly people by psychiatrists in the area, that that standard of care was breached, and that the breach led to damages suffered by the patient. I don't know that 6 months of wrong treatment with no physical damage qualifies. So, you need to talk with a local medical malpractice attorney to see if there is a case. Of course, your other problem is that if the patient dies before the case is resolved, the case goes away.

Only if the did not follow the minimum standard of care in diagnosis of her condition.

However, because the damages appear to be non-economic and undefinable in terms of dollars and cents, the claim will probably cost more to prosecute than you will get out of it. You may want to complain to the medical board, though.