If no harm occurs to you, it may not be cost effective to pursue a malpractice lawsuit.Even if you learn of a safety, professional or ethical issue involving your procedure, these problems, alone, do not justify a malpractice lawsuit. Also, a misdiagnosis on its own is probably not grounds for a lawsuit. However, if this misdiagnosis caused harm and was due to negligent care, you will want to speak to an attorney regarding your options.