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Free ConsultationCorrectly diagnosing a medical condition or health issue is one of the most critical aspects of competent and efficient medical care. A misdiagnosis occurs whenever a medical professional incorrectly diagnoses, delays, or fails to recognize a patient’s symptoms or potential issues stemming from them. Some misdiagnoses may be harmless, but others can have severe and long-lasting effects.
When you have experienced negative health consequences due to a misdiagnosis, a diligent failure to diagnose attorney from Lowenthal & Abrams can see if you may be entitled to compensation. Although no amount of money can make your health what it should have been if you received the proper care, a Philadelphia misdiagnosis medical malpractice lawyer can help you seek a fair financial recovery.
Common Causes of a Misdiagnosis
Every situation is unique and complex, and a misdiagnosis could result from several factors. However, some reasons why a misdiagnosis may occur include:
- Failing to test or screen for a medical condition
- Failing to consult or refer the patient to appropriate specialists
- Inaccurately interpreting or using pathology or radiology test results
- Not communicating with the rest of the patient’s treatment team or medical providers
- Not appropriately taking into account the patient’s description of their symptoms
Similarly, a misdiagnosis can happen for any variety of health problems, but certain conditions may be misdiagnosed more frequently than others, including:
- Stroke
- Cancer
- Asthma
- Aneurysms
- Heart attack
- Injuries or other problems at major joints
When a patient experiences any of these or similar situations, a Philadelphia lawyer with experience handling misdiagnoses can help the patient examine the facts and circumstances of their treatment to determine if medical malpractice occurred.
Results We’ve Obtained for Injured Patients
| $15 Million Surgery-Sepsis | $11 Million Birth Injury Case – Baby Seriously Injured | $4.8 Million Medical Malpractice – Wrongful Death Case |
| $3.75 Million Medical Negligence – Negligent Administration of Heparin | $2.4 Million Medical Malpractice – Improper Blood Screening | $2.4 Million Surgical Error – Damaged Sympathetic Nervous System |
| $1 Million Failure to Diagnose – Breast Cancer | $1.6 Million Pediatric Failure to Diagnose – Diabetes | $1.5 Million Failure to Diagnose – Breast Cancer |
| $1.4 Million Birth Injury to Mother – Wrong Medication | $1.2 Million Failure to Diagnose – Deep Vein Thrombosis (DVT) | $1.2 Million Failure to Diagnose – Esophageal Cancer |
Lowenthal & Abrams has represented patients harmed by serious medical errors, including failures to diagnose and surgical mistakes. The following are examples of results obtained in medical malpractice cases.
What To Do After a Misdiagnosis
When a patient believes that they have experienced an injury or worsening of an illness because of a misdiagnosis, several steps should be taken to maximize their chances of receiving the proper treatment and preserving any legal claim.
Consult Another Medical Professional
Seek a second opinion as soon as possible. Patients are not required to continue seeing the same doctor if they no longer trust them, but even if they do stay, receiving another opinion from an outside physician can help get the patient on the right track or confirm whether additional action is necessary.
If the new provider confirms that a misdiagnosis occurred, the patient should follow their new treatment plan as closely as possible. Delaying or deviating from the plan could deteriorate the patient’s health. Moreover, the patient’s failure to take the proper steps could be viewed as another cause of their health problems in addition to the misdiagnosis, potentially reducing the recovery available to the patient.
Gather Relevant Treatment Information
The patient should begin collecting, organizing, and storing all information related to their treatment and medical records. This may provide crucial evidence to support a claim of medical malpractice.
Get Help From a Lawyer
Once a misdiagnosis is confirmed, the patient should seek advice from a medical malpractice lawyer in Philadelphia as soon as possible. Even if a lawsuit is unnecessary, working with an attorney can help the patient understand their legal rights, their options, and the actions they should take to preserve and maximize their chances of recovering from their losses.
Consult a Philadelphia Attorney After a Medical Malpractice Misdiagnosis Today
Your health is one of the most valuable things you possess. When it deteriorates due to the negligence or carelessness of the person you trusted as a medical provider, you deserve compensation for your loss. An understanding attorney from Lowenthal & Abrams can help you identify whether medical malpractice occurred, advise you on the next steps, and help you hold the negligent parties legally and financially responsible for their actions.
Schedule an initial consultation with a Philadelphia misdiagnosis medical malpractice lawyer to learn more about your options.
Frequently Asked Questions
1. What exactly counts as a misdiagnosis?
A misdiagnosis isn’t just one type of error. It can mean a doctor diagnosed you with the wrong condition, missed a condition entirely (total failure to diagnose), or took an unreasonable amount of time to figure out what was wrong. The legal concern starts when that error results in the wrong treatment, no treatment, or a significantly worse recovery for the patient.
2. Is every wrong diagnosis considered malpractice?
No. Medicine is complex, and doctors aren’t expected to be infallible. To prove malpractice, you have to show that the doctor’s error fell below the “standard of care.” This usually means proving that another competent doctor, looking at the same symptoms and test results, would have gotten it right where yours did not.
3. Why is a delay in diagnosis so dangerous?
For many illnesses, timing is the difference between a full recovery and a permanent injury. A delay can allow a disease to progress to an advanced stage, limit your surgical options, or cause a manageable issue to become life-threatening. In short, it robs you of your best chance at a positive outcome.
4. Which conditions are most frequently misdiagnosed?
We often see errors involving conditions where symptoms mimic less serious issues. These include:
- Heart Attacks and Strokes: Often dismissed as indigestion or migraines.
- Cancer: Where early warning signs are ignored or attributed to age.
- Sepsis and Infections: Which can be misidentified as a common flu until they become critical.
- Pulmonary Embolisms: Often mistaken for anxiety or asthma.
5. How do you prove that the error caused the injury?
This is the “causation” phase of a case. Lawyers reconstruct your medical journey by analyzing records, test results, and specialist referrals. We then work with medical experts to determine if a correct diagnosis, made at the right time, would have realistically changed your health outcome.
6. Who is actually at fault for the mistake?
Liability isn’t always limited to your primary doctor. It could be a radiologist who misread an MRI, a nurse who failed to report a change in vitals, or a laboratory that mixed up samples. Sometimes, the hospital itself is responsible if their internal communication systems are broken.
7. What kind of compensation is available?
If a claim is successful, compensation typically covers your actual losses, like medical bills and lost wages, as well as “non-economic” damages. This includes things like physical pain, emotional distress, and the loss of quality of life or companionship if the error resulted in a permanent disability or death.
8. Is there a time limit for filing a claim in PA?
In Pennsylvania, you generally have two years from the date the error occurred to file a lawsuit. However, since you might not realize you were misdiagnosed immediately, the “discovery rule” may extend this deadline. Because these timelines are strictly enforced, waiting too long can prevent you from ever seeking justice.
9. What should I do if I suspect my doctor was wrong?
Prioritize your health first: seek a second opinion immediately. Once your health is stabilized, gather your records. Keep a log of your symptoms and the specific dates you sought help. Having a clear record of what you told your doctor and how they responded is vital for any future legal action.
10. Why choose Lowenthal & Abrams for a misdiagnosis case?
Most law firms have to outsource their medical reviews. At Lowenthal & Abrams, we have an on-staff medical doctor and a nurse who review our cases. This medical-legal perspective allows us to dig deeper into your records to find the specific point where the standard of care was breached, helping us build a much stronger case for you.
