Are Diagnostic Errors Medical Malpractice?

Stewart Eisenberg | | Cancer Misdiagnosis Articles

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. Philadelphia medical malpractice claims must meet specific criteria before they can proceed. The Philadelphia medical malpractice attorneys at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, 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.

Stewart Eisenberg | Personal Injury Attorney
Author: Stewart Eisenberg | Personal Injury Attorney

Stewart J. Eisenberg is the founder of Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry. He has tried over 50 jury trials and has more than 40 years of legal experience representing victims of sex abuse, medical malpractice, and auto defects. He tried a crashworthiness case against Honda for a seatbelt defect. His paralyzed client received a record verdict (at the time) of $55.3 million He was part of the legal team that helped bring about the landmark $2.46 billion Boy Scouts of America sex abuse settlement. His distinctions include being on the Super Lawyers’ list for more than 20 years(Top 100 in Philadelphia and Pennsylvania) and recognized by the Best Lawyers in America in the areas of Medical Malpractice Law, Personal Injury Litigation, and Product Liability Litigation. He graduated cum laude from the University of Pennsylvania before attending Temple University School of Law where he served on the Law Review. He is frequently sought after to lecture other attorneys and has published numerous legal articles. He has also served as a Visiting Lecturer at Temple University, Beasley School of Law for the LLM in Trial Advocacy Program.