Are Diagnostic Errors Medical Malpractice?

Medical mistakes are responsible for an estimated 251,000 to 450,000 deaths in the US each year. Diagnostic errors are the most common type of medical mistake by health care providers. However, there are multiple types of diagnostic errors that could harm you or a loved one. The different types of diagnostic errors include but are not limited to:

  1. Missed diagnosis: You could be discharged from the hospital when you are suffering from a serious health condition.
  2. Delayed diagnosis: Your doctor could make a correct diagnosis after a significant period of time has passed. This type of diagnostic error may lead to delayed treatment for a health condition.
  3. Wrong diagnosis: You could be diagnosed with the wrong health condition. For instance, your doctor could diagnose you with the flu when you are suffering from bacterial meningitis.
  4. Failure to recognize complications: Your doctor could miss complications that aggravate a properly diagnosed health condition.

Our Law Firm Has Experience with Medical Malpractice Claims

Our attorneys have handled multiple cases where diagnostic errors resulted in severe harm. In one case, we recovered a $14,000,000 settlement for a woman who suffered a spinal cord injury due to a delayed diagnosis. Our client had developed an epidural abscess that went undiagnosed until it caused paralysis. In another case, our attorneys secured a $11,200,000 verdict for a client who suffered a brain injury after doctors failed to diagnose a brain tumor.

We have also handled cases where newborns suffered birth injuries because obstetricians failed to detect fetal distress. In one case, we recovered $8,900,000 for a newborn who suffered a brain injury after obstetricians failed to perform an expedited delivery.

You may be able to file a medical malpractice claim if you or a loved one were harmed by a diagnostic error. It would depend on the circumstances. Medical malpractice claims must meet specific criteria before they can proceed. The Philadelphia medical malpractice attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., could review the specifics of your situation at no cost. We could help you determine whether you would be able to file a claim for medical malpractice.

Co-founder and senior shareholder of our law firm, Philadelphia medical malpractice attorney Kenneth M. Rothweiler began his career as a legal clerk for the Superior Court of Pennsylvania. Dedicated to complex personal injury litigation, he has tried more than 100 jury trials. These cases resulted in some of the largest verdicts in Pennsylvania.