Medical Misdiagnosis Lawyers

A missed diagnosis occurs when a doctor fails to correctly identify your medical problem — usually as a result of missing important information, ignoring symptoms, or failing to order necessary tests (e.g., If you go to a doctor and describe symptoms that could indicate a stroke or cancer, but the doctor dismisses your concerns and sends you home without proper testing).

An incorrect diagnosis happens when a doctor diagnoses you with the wrong medical condition (e.g., If a doctor says you have heartburn, but you are really having a heart attack).

This occurs when a doctor takes an unreasonably long time to diagnose your medical condition (e.g., If a doctor fails to follow up on the results of a lab test that shows you have a condition such as cancer).

This happens when a doctor correctly diagnoses one medical issue but fails to notice, or test for, related conditions (e.g., If a doctor diagnoses neuropathy but doesn’t diagnose an underlying case of diabetes)

Healthcare providers should try to identify all medical problems that are causing you harm. If they diagnose one medical issue contributing to your health problems but not other unrelated issues that are also affecting you, this is another form of misdiagnosis.

Source: Forbes Advisor Misdiagnosis Lawsuit Guide (2024)

Medical misdiagnosis lawsuits often take several years depending on the complexity of the case, medical evidence, expert review, court schedules, and whether the case settles or proceeds to trial. Some cases resolve sooner through settlement. Because deadlines apply, it is important to act quickly after discovering a misdiagnosis.

Medical misdiagnosis cases are generally proven through medical records, expert medical review, timelines, testing history, and evidence showing that a provider failed to meet the accepted standard of care. In many cases, it must also be shown that the misdiagnosis delayed treatment, worsened a condition, or caused avoidable harm.

Just as there is no typical misdiagnosis case, there is also no typical settlement amount. An experienced medical misdiagnosis attorney at Cohen, Placitella & Roth will review your case and help you gauge the merits of your case, as well as type of recovery you may be able to expect.

When a medical misdiagnosis results in death, surviving family members may be able to pursue compensation through a wrongful death claim and, in some situations, a survival action. These claims may seek compensation for medical expenses, funeral costs, lost financial support, and emotional losses caused by the death.

Medical misdiagnosis occurs when a doctor or healthcare provider incorrectly diagnoses a condition, delays diagnosis, or fails to diagnose an illness altogether. In some situations, a provider may diagnose the wrong condition or fail to order appropriate testing, leading to delayed treatment or avoidable harm.

A medical misdiagnosis may become malpractice when a healthcare provider failed to meet the accepted standard of care and that mistake caused harm, delayed treatment, worsened illness, or reduced treatment options.

Commonly misdiagnosed conditions may include cancer, stroke, heart attack, infections, neurological disorders, autoimmune diseases, and serious internal injuries. Misdiagnosis may occur when providers fail to recognize symptoms, order testing, or follow up appropriately.

You may have a medical misdiagnosis case if a healthcare provider diagnosed the wrong condition, failed to diagnose a serious illness, delayed treatment, or ignored symptoms and that mistake caused preventable harm or worsened your outcome.

Most medical malpractice and medical misdiagnosis lawyers work on a contingency fee basis, meaning clients do not pay upfront legal fees and only pay if compensation is recovered.