Medical Malpractice Stemming from Misdiagnosis

When you seek medical help, you place your trust and your health in the hands of a professional. You expect a certain level of competence. But what happens when that trust is broken by an incorrect diagnosis? A misdiagnosis can become medical malpractice when a healthcare provider fails to act as a reasonably competent professional would have under similar circumstances, and that failure directly causes you harm.

This means not every diagnostic error is grounds for a lawsuit. The core of the issue is whether the provider was negligent by breaching the accepted “standard of care.” 

If you have questions about a misdiagnosis that harmed you or a loved one, call Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers for a direct conversation about your situation at (215) 567-7600.

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The Three Pillars of a Pennsylvania Misdiagnosis Claim

To build a successful medical malpractice claim in Pennsylvania based on misdiagnosis, your case must stand on three core pillars. Each one must be firmly established with evidence for your claim to succeed.

Pillar 1: A Doctor-Patient Relationship Existed.

This first pillar establishes that the healthcare provider owed you a professional duty of care. A doctor-patient relationship is generally formed when a physician agrees to and begins to examine, diagnose, or treat you. This is typically the most straightforward part to prove, established by appointment records, medical bills, and treatment documentation.

Pillar 2: The Provider Was Negligent.

This goes back to the standard of care. You must show that the provider’s actions (or lack thereof) fell below the accepted medical standards. This isn’t about your personal dissatisfaction with the outcome; it’s about proving a specific failure in professional conduct. It means demonstrating that another doctor in a similar specialty, looking at the same information, would not have made the same diagnostic error. Proving this almost always requires the testimony of another medical professional who can speak to what a competent doctor should have done.

Pillar 3: The Negligence Directly Caused You Harm.

This is known in legal terms as causation. You must prove that the misdiagnosis—not just your underlying illness—led to a worse outcome. It is not enough to show that the doctor made a mistake. You must also show that the mistake made a difference. This could mean your condition progressed to a more dangerous stage, the necessary treatment became more invasive and costly, or your chances of recovery were significantly reduced because of the delay or incorrect treatment.

What Does a Misdiagnosis Actually Look Like? Common Scenarios

A misdiagnosis can take many forms, each with potentially life-altering consequences.

• Delayed Cancer Diagnosis: A doctor dismisses a persistent cough as bronchitis or a lump as a benign cyst without ordering a biopsy or appropriate imaging. By the time the cancer is correctly identified, it has spread, making it far more difficult to treat and reducing the patient’s prognosis.
• Heart Attack or Stroke Misdiagnosis: An emergency room doctor attributes classic symptoms of a heart attack, like chest pain and shortness of breath, to anxiety or indigestion. A patient showing signs of a stroke, such as dizziness or numbness, might be sent home with a diagnosis of a migraine. In both cases, the failure to provide immediate, time-sensitive treatment can lead to irreversible heart muscle damage or permanent brain injury.
• Missed Infections: A child’s meningitis symptoms are mistaken for the flu, leading to a delay in administering life-saving antibiotics. This delay can result in severe and permanent neurological damage, hearing loss, or even death. Similarly, a failure to diagnose sepsis in an adult can quickly lead to organ failure.
• Fracture Misdiagnosis: An X-ray is misread, or not ordered at all, and a fracture is diagnosed as a simple sprain. The patient is sent home without a cast or proper stabilization, leading to improper healing, chronic pain, arthritis, and the potential need for corrective surgery down the road.

In each of these examples, the provider’s failure to follow established diagnostic protocols directly resulted in a worse outcome for the patient. If you recognize your own experience in these situations, it may be time to ask more questions about the care you received.

What Compensation Can Be Pursued to Help You Rebuild?

In Pennsylvania, compensation (legally called “damages”) is intended to cover the full scope of losses you’ve suffered due to the misdiagnosis. The goal is to make you “whole” again, at least from a financial perspective. Fortunately, Pennsylvania does not place a cap on the most common types of damages in these cases, allowing for a recovery that reflects the true extent of your harm.

Economic Damages

These are the tangible, calculable financial losses that have resulted from the medical error. They are documented with receipts, bills, and employment records.

• Medical Expenses: This includes all costs for past and future treatment required because of the misdiagnosis. It covers corrective surgeries, additional hospital stays, medication, rehabilitation, physical therapy, and any other necessary medical care.
• Lost Wages and Earning Capacity: This is compensation for the income you lost while unable to work due to your worsened condition. If the harm has permanently affected your ability to do your job or earn a living, you can also pursue damages for your diminished future earning capacity.

Non-Economic Damages

These address the intangible, personal losses that have no simple price tag but represent the most profound impacts of a misdiagnosis.

• Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the worsened condition, the additional treatments, and the uncertainty you have had to endure.
• Loss of Life’s Pleasures: You can also seek compensation for the ways the injury has impacted your ability to enjoy your hobbies, participate in family activities, maintain relationships, and live your life as you did before the harm occurred.

Punitive Damages

In rare cases involving extreme or reckless conduct, additional damages may be awarded. Punitive damages are not meant to compensate you for a loss but to punish the defendant and deter similar behavior in the future. Under Pennsylvania’s MCARE Act, these damages are generally capped at 200% of the compensatory damages awarded, except in cases of intentional misconduct.

Why These Cases Are Challenging (And How We Address It)

Claims of medical malpractice stemming from misdiagnosis are among the most difficult personal injury cases.

The Certificate of Merit Requirement

Pennsylvania law requires that before a case can proceed, another qualified medical professional must review your claim and sign a “Certificate of Merit.” This document, filed with the court, states there is a reasonable probability that the care you received fell below the accepted standard and caused your injury. Our firm handles the task of finding the right medical professional to conduct this confidential review and satisfy this requirement.

The Burden of Proof is on You

The legal system requires you, the patient, to prove every element of your case—the existence of a doctor-patient relationship, the doctor’s negligence, the harm you suffered, and the direct link between the negligence and the harm. We gather all the necessary evidence, from complete medical records and diagnostic films to witness statements and billing documents, to build a strong, clear foundation for your claim.

Strict Deadlines (The Statute of Limitations)

In most Pennsylvania medical malpractice cases, you have two years to file a lawsuit, according to 42 Pa. C.S. § 5524(2). This two-year clock starts not from the date of the error, but from the date you discovered, or reasonably should have discovered, that you were harmed by a misdiagnosis. This is known as the “discovery rule.” This rule provides a measure of fairness for injuries that are not immediately apparent. Because of these firm deadlines, it is important to look into your rights as soon as you suspect an error occurred.

Your First Steps From Home to Protect Your Rights

After receiving a concerning diagnosis or realizing a previous one may have been wrong, you should take several practical steps from home to protect your health and your legal rights.

1. Gather Your Documents: Collect all medical records, bills, test results, prescription records, and any correspondence you have related to your diagnosis and treatment. 
2. Keep a Journal: Write down a timeline of your symptoms, doctor’s appointments, what you were told by different providers, and how your condition has affected your daily life. This can help clarify the sequence of events and serves as important documentation of your pain and suffering.
3. Get a Second Opinion: Your health is the absolute priority. Seeking a diagnosis from another, independent doctor is not only good for your well-being but can also confirm whether a diagnostic error occurred and provide clarity on your current medical situation.
4. Avoid Speaking with Hospital Representatives or Insurers: If a hospital’s risk manager or an insurance adjuster contacts you, it’s best to politely decline to give a recorded statement. Their role is to protect the hospital’s financial interests, and anything you say could be misinterpreted or used to weaken your potential claim.
5. Consult with a Law Firm: An initial, confidential conversation with a firm that handles medical malpractice cases will provide real answers and a clear understanding of your options. 

If a misdiagnosis has left you with more questions than answers, contact our team at Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers. Let’s discuss what happened. Call us today for a no-cost consultation at (215) 567-7600.