Medical Misdiagnosis

How to Get Started with a Misdiagnosis Lawyer Now

It’s easy to get started with a medical misdiagnosis attorney. Complete the contact form on our main page with some basic information, and a representative will contact you shortly.

We’ll ask for information including:

• Your name, date of birth, and location
• Contact information: email and phone number
• A brief overview of your claim
• Supporting documentation to support your case

While our experts will thoroughly investigate on your behalf, we need some essential evidence to get started. Examples of supporting documentation to submit with your case evaluation request include:

• Medical bills.
• Insurance documents, like Explanation of Benefits (EOBs).
• Medical reports showing your diagnosis, treatments, medications, test results, and physician’s notes.
• Results from lab tests, imaging, or biopsies.
• Statements from other healthcare professionals, patients, or individuals present during your treatment.
• If you sought a second opinion that contradicted the initial diagnosis.
• Emails, letters, or other forms of communication between you and your healthcare provider.
• Photos of physical injuries or conditions.
• Financial records regarding prescription medications, out-of-pocket costs, lost wages, therapies, surgeries, and more.
• Records of previous medical history.

You do not need all of these documents to submit a case evaluation request. However, the more initial evidence you have, the more substantial your claim may be. Our team of medical misdiagnosis attorneys will review all of the documents you provide and give legal advice on how to best move forward with your case.

Compensation Available for Medical Misdiagnosis

While facing a misdiagnosis is always challenging, many find the idea that compensation is available to be a light at the end of the tunnel. It can relieve significant stressors like paying for medical bills or losing earned income and can provide some solace in a dark situation.

Regarding medical misdiagnosis and malpractice, there are several types of damages that can compound into your final settlement amount.

Economic Damages

Economic damages in a personal injury lawsuit refer to the financial losses a person suffers due to the injury. These damages are intended to compensate for verifiable, measurable losses.

Economic damages may include:

• Medical expenses. Costs include treatment, surgeries, hospital stays, physical therapy, medications, and future medical care.
• Lost wages and future lost wages. Any earned income lost as a result of your condition or injuries. Time spent off work in the hospital, recovering, or otherwise lost. This can also include future earning capacity if the injury results in long-term or permanent disability.
• Out-of-Pocket Expenses. Transportation costs for medical appointments, medical devices and equipment, prescription medication co-pays, home care services, and more.

The total amount of these damages is typically determined by expert analysis of documents like receipts, pay stubs, medical bills, and expert testimony. At Kanner & Pintaluga, economic and financial professionals are on staff to help calculate these costs.

Non-Economic Damages

Non-economic damages in a medical misdiagnosis lawsuit are intended to compensate for the more subjective, intangible losses a person experiences due to the injury. These costs are more abstract than economic damages and typically do not have documentation to determine the amount.

While these damages are not easily quantified, they still represent real and significant harm.

Non-economic damages may include:

• Pain and suffering. Compensation for the physical pain, discomfort, and distress caused by the injury.
• Emotional distress. Compensation for the psychological impact of the injury, such as anxiety, depression, fear, or the emotional trauma experienced from the misdiagnosis.
• Loss of relationships. Also called “loss of consortium.” It refers to the loss of affection and intimacy that a spouse or family member experiences due to the misdiagnosis.
• Loss of enjoyment of life. Compensation for the inability to participate in activities the harmed person once enjoyed.
• Disfigurement. You may be entitled to compensation if your misdiagnosis results in an amputation, significant change in appearance, or extensive scarring.

The value of non-economic damages can vary widely depending on the severity of the misdiagnosis, the emotional toll on the patient, and other factors.

Punitive Damages

Punitive damages in a medical misdiagnosis lawsuit are awarded not to compensate the victim for their losses, but to punish the healthcare provider for particularly negligent or reckless behavior. They act as a warning to other providers, meant to deter them from similar actions.

It is rare that a judge will award punitive damages in a medical misdiagnosis or malpractice case, but it can happen.

A judge may consider punitive damages if the following elements are present in a case:

• Gross negligence. Blatant disregard for the patient’s well-being or repeated failures in following proper medical protocols.
• Willful misconduct. A medical professional knowingly misdiagnosed the patient, falsified records, or failed to follow up on test results.
• Reckless disregard. The medical provider was aware of the health risks to the patient and chose to ignore them, causing significant harm.

Punitive damages require evidence of intentional harm or extreme negligence and are awarded in less than 1% of all medical malpractice lawsuits nationwide.

Medical Misdiagnosis Lawsuits: A Step-by-Step Guide

Filing a medical misdiagnosis lawsuit can feel overwhelming, as the process is often long and complex. Due to the extensive need for official documentation, the number of parties involved, and the tedious process of filing legal motions against healthcare providers, it’s best to have an experienced wrong-diagnosis lawyer fighting on your side.

At Kanner & Pintaluga, we’ll handle all the paperwork and correspondence for you so you can focus on the things that mean the most to you. As a victim of misdiagnosis, you’ve been through enough. It’s time to focus on your recovery, spending time with loved ones, and returning to enjoying life.

Here are the steps in a medical misdiagnosis lawsuit.

Step One: Schedule a FREE Consultation

Speak with an attorney at Kanner & Pintaluga entirely FREE of charge, with no obligation. We’ll review your documentation and the facts of your case, advising you on how to best move forward.

Step Two: Gather Evidence

Our legal team may ask you to retrieve additional documentation and evidence regarding your case. You can submit the information to us at any time for review. Additionally, our team of investigators will get to work looking into the facts and circumstances surrounding your misdiagnosis.

Step Three: Notify the Proper Parties

Next, we’ll identify the proper court and the necessary parties to notify regarding your claim. We must submit the complaint to the court to begin the legal process and inform the medical providers and facilities involved that we intend to take action against them. Our team will handle this for you.

Step Four: Investigation and Review

Our team will investigate your case more thoroughly here. We’ll discuss your diagnosis with medical experts, seek second or third opinions, and receive testimony regarding your condition, history, and prognosis.

We’ll also select expert witnesses to support your case. We’ll gather evidence through dispositions. This is where we build the “meat” of your case. We’ll conduct an in-depth review of all medical documentation and consult experts regarding compensation.

Step Five: Negotiation

During the negotiation process, we’ll deal with the opposing parties. This is where we’ll notify them of how much compensation you seek in the case and discuss how much they will provide. More than 95% of all personal injury cases can be resolved at this stage.

Step Six: Proceed to Trial

Approximately 5% of personal injury cases cannot resolve the negotiation stage. If this happens, we’ll notify the opposing parties that we’re ready to proceed to trial.

This is where we’ll enter a courtroom with a jury and judge, and a range of witnesses and experts will take the stand to support your claim. The opposing party will also have a chance to present a defense before making a final determination.

Step Six: Resolution

If your case settles in negotiation, all parties will sign paperwork regarding the settlement. This will outline the payment terms. You may receive a single lump sum or annuity payment. This is also when you will pay your contingency fees to the law firm.

If your case proceeds to trial, it will be resolved after jury deliberation. The jury will determine whether you will receive a settlement package and how much that package will cost.

Knowing whether you agree on a settlement or proceed to trial is important; your case will be closed once this step is complete. You will not be able to file additional lawsuits regarding the claim, and you will not be able to seek further compensation. This is why hiring an experienced medical misdiagnosis attorney is critical to help maximize your settlement the first time.

Medical Misdiagnosis: Data & Statistics

Medical misdiagnosis is more common than many realize, affecting countless patients every year. Studies show that misdiagnoses contribute to a significant number of adverse health outcomes and even fatalities. Understanding the statistics behind these errors can shed light on the widespread impact of misdiagnosis and why it’s crucial to hold healthcare providers accountable.

We’ve extensively reviewed the data surrounding such cases, gathering statistics from sources including:

• The Journals of the American Medical Association
• Johns Hopkins Medicine
• The Health Foundation
• The U.S. National Academy of Medicine

What we found is alarming. Here’s the data behind medical misdiagnosis and malpractice.

• Approximately 750,000 Americans die or are permanently disabled each year due to misdiagnoses.
• 23% of hospitalized patients who died or were transferred to intensive care had a missed or delayed diagnosis.
• Diagnostic errors account for about 10% of adverse events in hospitals.
• Approximately 5% of U.S. adults, or about 1 in 20 patients, receive a misdiagnosis yearly.
• Cancer is the most commonly misdiagnosed disease.
• Vascular events and infections are close behind cancer.
• The overall average medical error rate across diseases was estimated at 11.1%.
• 15 diseases account for 50.7% of the total serious harms.
• Stroke, sepsis, pneumonia, venous thromboembolism, and lung cancer account for 38.7% of total serious harm.
• The error rate for heart attack diagnosis is 1.5%.
• The error rate for spinal abscess diagnosis is 62%.
• 17.5% of stroke diagnoses are missed.

Experts at Johns Hopkins Medicine state that “diagnostic errors are, by a wide margin, the most under-resourced public health crisis we face.”

With such a large number of Americans facing misdiagnosis or delayed diagnosis, it’s crucial to take action and hold providers accountable. Don’t let the American medical system take advantage of your family. Get justice from those who have caused you physical pain, mental anguish, and financial loss today.

To get started, speak with a hospital error lawyer, surgical error lawyer, or medical misdiagnosis attorney at Kanner & Pintaluga today.

Types of Medical Misdiagnosis

According to the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB), several types of medical misdiagnosis exist. These medical errors can result in great pain and suffering for the patient and can lead to significant medical costs. Such cases fall under medical malpractice, a type of personal injury claim.

Over ten years, the NPDB identified the most common types of medical misdiagnosis.

1) Improper Performance

This is where a doctor fails to execute a procedure or test correctly. It can lead to wrong results, missed diagnostics, and worsening the condition.

The average settlement for an improper performance malpractice lawsuit is $280,000.

2) Failure to Diagnose

Failure to diagnose malpractice lawsuits happens when a doctor misses a diagnosis entirely. These are separate from misdiagnosis, where a doctor identifies an incorrect condition. Instead, with failure to diagnose, doctors send patients on their way and cease follow-up contact.

The average settlement for failure to diagnose is $430,000.

3) Delay in Diagnosis

A delay in diagnosis occurs when a doctor misses crucial signs, symptoms, or results that cause a disease to go untreated for longer than reasonable.

The average settlement for a delay in diagnosis is $430,000.

4) Failure to Monitor

A failure to monitor malpractice suits occurs when a doctor is aware of symptoms but fails to follow up with a patient reasonably.

The average settlement for failure to monitor is $330,000.

5) Delay in Treatment

A delay in treatment occurs when a doctor fails to issue timely medical care regarding a specific condition. This can result from administrative errors in receiving or viewing results, poor time management, and more.

The average settlement for delayed treatment is $390,000.

6) Incorrect Diagnosis

An incorrect diagnosis or a misdiagnosis can result in a delay in treatment, improper technique, improper medical performance, and a delay in proper diagnosis.

The average settlement for an incorrect diagnosis is $430,000.

Causes of Medical Misdiagnosis

There are several common causes of medical misdiagnosis and delayed diagnosis. Sometimes, a misdiagnosis results from unclear symptoms or asymptomatic presentation. These cases are generally not cause for a misdiagnosis lawsuit.

However, there are times when doctors breach their duty of care and miss apparent signs. Sometimes, they fail to act quickly enough, have significant oversight, and miss an important clue. These oversights can result in great patient suffering, delayed treatment, and worsening of the condition.

Common causes of medical misdiagnosis include:

• Improper communication between medical providers.
• Lack of experience in treating a specific condition.
• Overconfidence.
• Inadequate time spent with patients.
• Improper testing or failure to order tests.
• Failure to follow up regarding symptoms and results.
• Incorrect identification of symptoms.
• Failure to consider a differential diagnosis.
• Errors in medical documentation.
• Atypical patient presentation.
• Overlooking key medical details.
• Failing to monitor patient progress.
• Medical conditions that share symptoms.
• Inaccurate or incomplete patient reporting.
• Patients see multiple providers for the same issue (fragmented care).

If you believe your doctor or medical practice delayed your diagnosis or issued a misdiagnosis, don’t wait. Today, speak with a wrong diagnosis lawyer, a hospital error lawyer, or a surgical error lawyer. We can help investigate your claim and fight for the compensation you deserve.