San Antonio Misdiagnosis Lawyers
Misdiagnosis, Delayed Diagnosis & Failure to Diagnose Lawsuits
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.
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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, they are unable to get the critical medical care they need. Because early detection and treatment are key for so many injuries, illnesses, and conditions, this can have disastrous consequences. Common complications associated with misdiagnosis, delayed diagnosis, and failure to diagnose include sepsis, late-stage cancer, life-threatening vascular events, and more.
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 cases are often very complex, as the victim must prove that the treating physician or specialist failed to provide a diagnosis in an acceptable timeframe. This typically involves demonstrating that another qualified medical provider could have reasonably been expected to provide a diagnosis sooner, based on the information available (e.g., the patient’s symptoms, test results, medical history, etc.). As with all medical malpractice claims, you must essentially prove that the treating physician failed to uphold the standard of care.
For example, if an individual has an extremely rare condition with symptoms that are very similar to other illnesses, his or her primary care physician may be unable to quickly diagnose the patient’s condition. If the physician orders a series of tests, is unable to provide a diagnosis and therefore refers the patient to a specialist for additional testing, this generally does not constitute negligence, as the physician did everything possible and appropriate to treat the patient. However, if the physician ignores the patient’s symptoms, fails to order any diagnostic tests, does not take the patient’s medical history into account, and sends the patient home without a diagnosis or with an incorrect diagnosis, this could be considered medical malpractice. In such circumstances, the patient may have a delayed diagnosis case if he or she can prove that the physician’s failure to provide a timely diagnosis led to serious injury and/or damages.
Fighting for Maximum Compensation in Your 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, which is why our San Antonio misdiagnosis lawyers fight for the maximum recoveries their clients are owed. 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 expert medical witnesses, economists, and other specialists, we are able to analyze the true cost of your medical provider’s mistake and fight for the full, fair compensation you deserve.
Reach out to us today at (210) 361-2997 to request a no-cost, no-obligation consultation. There are no fees unless/until we win your case.
What Makes Maloney Law Group, P.L.L.C. Unique?
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We have been a part of the San Antonio Community for decades.
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You will receive personalized and dedicated attention.
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We are equipped to handle the most complex cases.
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We have earned a reputation for relentless advocacy.
Our Settlements & Verdicts
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$7,620,000 Birth Injury
Birth injury involving hypoxic-ischemic encephalopathy (2022) Contingency Fee: $3,048,000.00 Reimbursable Expenses: $161,503.71 Net to Client: $4,410,496.29
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$7,200,000 Birth Injury
Birth injury involving hypoxic-ischemic encephalopathy (2023) Contingency fee: $2,880,000 Reimbursable expenses: $179,405.64 Net to client: $4,166,466.64
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$7,000,000 Birth Injury
Birth injury involving hypoxic ischemic encephalopathy (2020) Contingency Fee: $2,800,000.00 Reimbursable Expenses: $75,578.00 Net to Client: $4,124,421.00
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$5,750,000 Birth Injury
Birth injury involving hypoxic ischemic encephalopathy (2014) Contingency Fee: $1,786,738.72 Reimbursable Expenses: $170,000.00 Net to Client: $3,396,261.28
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$3,600,000 Construction Accident Death
Dangerous work conditions resulting in death (2015) Contingency Fee: $1,440,000.00 Case Expenses: $125,000.00 Net to Client: $2,035,000.00
Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.