San Antonio Misdiagnosis Lawyers

Fighting for Those Who Have Been Misdiagnosed in Texas

Diagnostic errors are some of the most common examples of medical malpractice. When physicians misdiagnose patients, provide delayed diagnoses, or fail to diagnose conditions altogether, patients can experience a wide range of serious injuries, illnesses, and life-threatening conditions. Sadly, diagnostic mistakes can also lead to death.

If you or a loved one suffered because of a medical provider’s failure to properly diagnose a serious injury or illness, you may have grounds for a medical negligence claim. At Maloney Law Group, P.L.L.C., we represent individuals and families who have experienced immense physical, emotional, and financial harm due to substandard medical care, including improper and failed diagnoses. For more than 60 years, our firm has been fighting on behalf of injured San Antonians and their loved ones; we know what you are up against, and we are ready to advocate tirelessly for you.

On This Page

• Common Diagnostic Errors
• What Is a Delayed Diagnosis?
• What Could Be Recovered in a Misdiagnosis Claim?
• What is the Statute of Limitations for Misdiagnosis Claims in Texas?
• Fighting for Maximum Compensation in Your Case

For an initial consultation with one of our San Antonio misdiagnosis lawyers, call our office at (210) 361-2997 or contact us online today.

Common Diagnostic Errors

While most medical professionals draw on years of training and experience to properly assess a patient’s symptoms, diagnostic errors can and do happen. Often, though not always, these errors are the result of negligence. 

Examples of common diagnostic errors include:

• Misdiagnosis/Delayed Diagnosis of Cancer: This occurs when cancer is either not diagnosed at all, diagnosed incorrectly as another condition, or identified at a much later stage than it should have been, leading to delayed treatment and worse outcomes.
• Failure to Order Proper Diagnostic Tests: This happens when a healthcare provider does not order the necessary tests that could confirm or rule out a particular diagnosis. Without these tests, the correct diagnosis may be missed.
• Improper Analysis of Test/Lab Results: Even if the right tests are ordered, errors can occur in analyzing or interpreting the results, leading to incorrect conclusions about a patient’s condition.
• Mistakes in Conducting Diagnostic Tests: Errors during the actual performance of diagnostic tests (e.g., incorrect sample collection, contamination, or technical errors) can lead to inaccurate results.
• Failure to Diagnose a Heart Attack or Stroke: These are critical conditions where any delay or mistake in diagnosis can have severe consequences. Symptoms may be misinterpreted or attributed to less serious conditions.
• Misdiagnosis/Delayed Diagnosis of Pneumonia: This can occur when symptoms of pneumonia are mistaken for those of other respiratory conditions or not recognized as serious, leading to delayed or inappropriate treatment.
• Failure to Diagnose/Delayed Diagnosis of Infections: Infections, especially severe or systemic ones, need prompt identification and treatment. Delays or misdiagnosis can lead to significant health deterioration or complications.
• Failure to Review a Patient’s Medical History: A thorough medical history can provide critical clues for accurate diagnosis. Ignoring or not adequately reviewing a patient’s history can result in missing important context or risk factors that affect the diagnostic process.

These and other common diagnostic errors account for a large percentage of medical mistakes every year. Sadly, these errors often lead to catastrophic injury, permanent disability, and death.

When patients do not receive a proper or timely diagnosis, it can lead to the progression of illnesses that are potentially preventable or treatable in their early stages. This causes an increased risk of complications and long-term consequences that could have been avoided with proper initial care. Such outcomes highlight the importance of being vigilant about changes in one’s health and advocating for thorough medical evaluation when concerns arise. Awareness and proactive measures by patients and healthcare professionals can play a significant role in preventing diagnostic errors.

What Is a Delayed Diagnosis?

Like misdiagnosis, which involves a medical professional providing the wrong diagnosis (or no diagnosis) to a patient, delayed diagnosis can have serious consequences. A delayed diagnosis occurs when a doctor or another medical professional fails to provide a timely diagnosis, leading to a delay in treatment.

Delayed diagnosis can occur across a variety of conditions, but is particularly critical in situations involving potentially life-altering illnesses such as strokes, myocardial infarctions, and infections. In these contexts, every moment counts. Even a brief delay in diagnosing these conditions can drastically affect treatment success and patient survival. It's crucial for San Antonio residents to be aware of local healthcare facilities equipped with the latest diagnostic technology, as this can greatly influence the outcome of medical treatments. Moreover, timely interventions from qualified healthcare providers in the area can make a significant difference in patient care.

Delayed diagnosis often demands an in-depth look at the healthcare system itself. In many cases, the issue isn't just about the treating physician's immediate actions but also about how the healthcare facility manages diagnostic procedures overall. Proper allocation of diagnostic resources and adherence to standardized checklists can enforce a systematic approach in identifying illnesses promptly, reducing the chances of delayed diagnoses. Encouraging a culture of openness where patients and doctors engage in transparent communication has proven to be beneficial in catching potential pitfalls early, ultimately leading to better care outcomes.

What Could Be Recovered in a Misdiagnosis Claim?

In a misdiagnosis case, the compensation awarded depends on the severity of the harm caused and the circumstances surrounding the negligence. Recoverable damages could include the following:

• Medical Expenses: This includes fees for corrective treatments, surgeries, hospital stays, and medications necessitated by the misdiagnosis.
• Lost Wages and Future Earning Capacity: If the misdiagnosis resulted in missed work or reduced capability to earn in the future, compensation could cover these losses.
• Pain and Suffering: Physical pain and emotional distress that were caused by the misdiagnosis are often factored into the compensation.
• Loss of Consortium: When the misdiagnosis affects a patient's relationship with their spouse or family members, damages can be awarded.
• Punitive Damages: In cases where the medical provider's conduct was particularly egregious, punitive damages could be granted to deter similar negligence.

What is the Statute of Limitations for Misdiagnosis Claims in Texas?

Texas law sets a strict deadline for filing a misdiagnosis claim. Generally, a plaintiff must file a medical malpractice lawsuit within two years from the date of the misdiagnosis or from when the harm was discovered or should have been discovered with appropriate diligence. However, the law also includes a 10-year statute of repose, which means that no claim can be filed more than ten years after the date of the negligent action, regardless of when the injury was discovered.

Certain exceptions, like cases involving minors or instances of fraudulent concealment by the healthcare provider, may apply. Understanding these nuances is crucial for preserving your right to pursue compensation.

Fighting for Maximum Compensation in Your Misdiagnosis Case

A misdiagnosis or delayed diagnosis can wreak havoc in your life. At Maloney Law Group, P.L.L.C., we understand the immense impact medical negligence has, encapsulating physical, emotional, and financial challenges that affect not only the patient but entire families. Our goal is to ease this burden by advocating for the maximum recoveries our clients are entitled to receive. We can help you seek fair compensation for your additional medical bills, lost wages, and pain and suffering. If your loved one died due to an improper diagnosis, we can help you bring a lawsuit against the liable medical provider, hospital, or healthcare facility.

Our team offers compassionate, personalized legal representation tailored to each client's unique needs. With a team of adept medical witnesses, economists, and a proficient network of professionals, we are able to analyze the true financial and emotional impact of your medical provider’s mistake. We are committed to tirelessly working to ensure that you receive the full, fair compensation you deserve.

Contact us today at (210) 361-2997 to request a no-cost, no-obligation consultation with our San Antonio misdiagnosis attorney. There are no fees unless/until we secure the compensation you are owed.