Legal analysis: if the misdiagnosis is caused by the doctor's fault, misdiagnosis caused by the patient's personal injury, the patient can ask for compensation from the medical institution. How the law defines misdiagnosis: no fault misdiagnosis and misdiagnosis: early symptoms of the disease is not typical, its occurrence, development, evolution process is not apparent; cause of the disease is unknown, the lack of effective diagnostic and treatment means; special rare diseases, difficult to diagnose in a timely manner; technical level, the limitations of the equipment conditions; patient individual differences; patients and their families to conceal the important medical history or not to carry out the doctor's orders for the relevant auxiliary examination. Misdiagnosis and mismanagement with negligence: rash history taking, ignoring relevant history taking; physical examination without seriousness, omitting important positive signs; ignoring necessary differential diagnosis; not interpreting relevant auxiliary examination results seriously and in time; blind self-confidence, not listening to other people's opinions or instructions from higher-level doctors; not requesting consultation for cases with unknown diagnosis and unsatisfactory therapeutic effect within the specified time; not studying the business, with low level of technical skills, not recognizing diseases that should be and can be recognized; and not recognizing diseases that should be and can be recognized. diseases that should and can be recognized are not recognized.
Legal basis: the Chinese people's *** and national code
Article 1,179 infringement of another person causing personal injury, shall be compensated for the medical expenses, nursing costs, transportation costs, nutritional costs, hospital meals subsidies, and other reasonable expenses for treatment and rehabilitation expenditures, as well as reduced income due to lost wages. Where disability is caused, compensation shall also be made for the cost of auxiliary aids and disability compensation; where death is caused, compensation shall also be made for funeral expenses and death compensation.
Article 1218 If the patient suffers damage in the diagnosis and treatment activities, and the medical institution or its medical personnel are at fault, the medical institution shall bear the compensation responsibility.