Failure To Diagnose Lawyers
Medical Malpractice
Misdiagnosis & Failure to Diagnose Lawyers Serving PA & FL
Holding Medical Providers Accountable for Diagnostic Errors
A correct and timely diagnosis is the cornerstone of effective medical care. When a healthcare provider fails to diagnose a condition properly—or doesn’t diagnose it at all—the consequences can be devastating. At Clause Law Group, with offices in both Pennsylvania and Florida, our experienced medical malpractice attorneys represent patients harmed by diagnostic mistakes.
What Is a Misdiagnosis or Failure to Diagnose?
A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition. A failure to diagnose means the provider missed the condition entirely. A delayed diagnosis, while the condition is eventually discovered, can also lead to serious complications if treatment is postponed.
These types of errors can result in unnecessary procedures, improper medications, or the lack of critical treatment altogether. Commonly misdiagnosed or undiagnosed conditions include:
- Infections (e.g., sepsis, meningitis)
- Fractures or internal injuries
- Aneurysms
- Cancers (e.g., breast, colon, lung)
- Heart attacks or cardiac conditions
- Stroke
- Mental health conditions (e.g., depression, anxiety)
How Diagnostic Errors Cause Harm
When a diagnosis is delayed or incorrect:
- A condition may worsen, becoming untreatable or fatal.
- Unnecessary treatments may cause new injuries or side effects.
- Time-sensitive care may be missed, especially with cancer or heart-related conditions.
In cancer cases, a delay in diagnosis can reduce survival chances, limit treatment options, and increase the likelihood of recurrence or spread.
Legal Requirements for a Diagnostic Malpractice Case
To prevail in a malpractice claim for misdiagnosis or failure to diagnose, you must prove:
- A provider-patient relationship existed.
- The provider deviated from the accepted standard of care.
- The deviation caused harm to the patient.
- The harm resulted in compensable damages (medical expenses, lost wages, pain, etc.).
Our firm works with trusted medical experts to review records, establish the standard of care, and determine what went wrong.
What Compensation May Be Available?
Victims of diagnostic errors may be eligible for:
- Medical bills (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Funeral costs (in wrongful death cases)
Time Limits to File a Claim
Statutes of limitations vary by state:
- Pennsylvania: Generally 2 years from discovery of the injury
- Florida: 2 years from discovery, but no more than 4 years from the date of the incident
Delays could impact your ability to recover. Contact an attorney promptly.
Related FAQs
How common are diagnostic errors?
- Studies suggest diagnostic errors affect up to 12 million Americans annually. Many are preventable.
Can I sue if my condition got worse because of a misdiagnosis?
- Yes. If the misdiagnosis caused a delay in appropriate treatment and worsened your condition, you may have a claim.
Is a second opinion helpful in proving malpractice?
- Absolutely. A second opinion can help establish the correct diagnosis and serve as evidence that your provider failed to act appropriately.
Can emergency room doctors be held liable?
- Yes. ER providers must act quickly but still meet the accepted standard of care. Diagnostic errors in the ER are common grounds for malpractice claims.
Contact Clause Law Group for Help Today
📞 Call Clause Law Group for a confidential consultation:
- PA Office: (570) 676-5212
- FL Office: (772) 341-5855
You deserve answers. Let our dedicated malpractice team investigate your case and pursue the justice and compensation you’re entitled to.
Clause Law Group – Representing Victims of Diagnostic Errors in PA & FL.
Need Legal Help?
Call (570) 676-5212 or fill out our Free Form today.
