Many serious conditions are treatable if they are caught in time. When a doctor ignores symptoms, skips a test, or misreads a result, the patient loses that time.
Conditions Commonly Missed
- Cancer, including breast, colon, lung, cervical, and prostate cancer
- Heart attack
- Stroke and bleeding in the brain
- Blood clots and pulmonary embolism
- Infections, sepsis, and meningitis
- Appendicitis and internal bleeding
How It Happens
- Symptoms dismissed without testing
- Abnormal lab or imaging results that no one followed up
- X-rays, scans, mammograms, or biopsies that were misread
- No referral to a specialist
- Poor communication between doctors, or with the patient
What We Have to Prove
A wrong diagnosis is not automatically malpractice. We must show that a careful doctor would have made the diagnosis earlier, and that the delay made a difference: a worse outcome, harsher treatment, or a lost chance of cure. Physicians in the relevant specialty review the records to answer both questions.
What You Can Recover
- The cost of treatment that earlier diagnosis would have avoided
- Lost wages and loss of future earning ability
- Pain and suffering
- In death cases, the financial losses to the family
Deadlines
Malpractice deadlines are shorter than other injury cases. The lawsuit generally must be filed within two years and six months of the malpractice, or of the end of continuous treatment for the same condition.
Missed cancer has its own rule. When a doctor negligently fails to diagnose cancer or a malignant tumor, the two years and six months generally runs from when the patient knew or should have known of the error and that it caused injury. There is an outer limit of seven years from the error.
That rule applies only to cancer. For other missed conditions the ordinary deadline applies. Claims against a public hospital have shorter deadlines and their own notice requirements. Every case is different, and the rules that apply depend on the facts, the parties, and the insurance involved. Once we discuss your claim and complete the necessary research, our office will confirm which deadlines and coverage apply to you.
Common Questions
My doctor told me the lump was nothing. A year later it was cancer. Do I have a case?
You may. It depends on what testing should have been done at the first visit and whether the delay changed your treatment or prognosis.
Several doctors saw me. Which one is responsible?
Possibly more than one. We review each provider's role, including radiologists and pathologists you never met.
My family member died before anyone found the problem. Can we bring a claim?
Yes. The estate may bring a malpractice and wrongful death claim. Different deadlines apply, so call promptly.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.