San Antonio Misdiagnosis Attorney
Misdiagnosis, delayed diagnosis, and failure to diagnose in Texas
Misdiagnosis is a huge issue in the US, and the consequences are equally troubling. Many patients who are misdiagnosed do not receive proper, prompt treatment. When correct diagnoses are delayed—or never provided at all—patients cannot get the critical care they need. As a result, many suffer debilitating health conditions or even die.
Diagnostic errors are among the leading causes of injury and death in the United States. In fact, studies show that misdiagnosis is the number one cause of serious medical errors. Further, an “estimated 40,000 to 80,000 deaths occur each year in U.S. hospitals related to misdiagnosis, and an estimated 12 million Americans suffer a diagnostic error each year in a primary care setting.”
If you or a loved one suffered due to a misdiagnosis, delayed diagnosis, or doctor’s failure to diagnose, you could be entitled to bring a medical malpractice claim and recover compensation for your damages. We strongly advise you to reach out to an experienced San Antonio misdiagnosis lawyer at the Law Offices of Pat Maloney to learn more.
Frequently Asked Questions
How can a San Antonio medical misdiagnosis attorney help?
When a trusted medical professional fails to provide the level of care you deserve, our firm is here to fight for the justice to which you are entitled. Since 1953, our firm has been a trusted name in the San Antonio area, providing personalized attention and compassionate support for our clients. Our aggressive approach to litigation has helped us recover millions of dollars for our clients, including numerous million- and multimillion-dollar settlements and verdicts.
What are common misdiagnosed conditions?
Although doctors and other medical specialists are highly trained to accurately detect an array of medical conditions, they do not always provide patients with the proper care. This leads to the high rate of misdiagnosis and delayed diagnosis in the US every year.
Some of the most misdiagnosed conditions include:
- Lyme disease
- Bipolar disorder
- Parkinson’s disease
- Multiple sclerosis
Often, conditions that are difficult to diagnose because symptoms mimic those of other diseases are misdiagnosed. This does not necessarily mean that medical malpractice has occurred. Rather, to have a medical malpractice case, you must prove that a treating physician failed to uphold an acceptable standard of care.
Why does misdiagnosis happen?
Misdiagnosis can occur for a variety of reasons, including:
- Limited time with patients: Doctors may have limited time with each patient, which can result in incomplete assessments or failure to fully investigate all potential diagnoses.
- Lack of information: Doctors may not have access to a patient's complete medical history or may not have all of the information necessary to make an accurate diagnosis.
- Human error: Doctors are human and can make mistakes. Misdiagnosis can occur due to misinterpretation of test results or miscommunication between medical professionals.
- Inadequate training or experience: Inexperienced doctors or those with inadequate training may have difficulty making accurate diagnoses.
- Bias or assumptions: Doctors may make assumptions about a patient's condition based on factors such as age, gender, or ethnicity, which can lead to misdiagnosis.
- Complex conditions: Some medical conditions can be difficult to diagnose because their symptoms can be vague or easily confused with other conditions.
Overall, misdiagnosis can occur due to a variety of factors, and it's important for doctors to take the time to thoroughly evaluate each patient and consider all potential diagnoses in order to minimize the risk of misdiagnosis.
What are the consequences of a misdiagnosis?
As previously mentioned, patients who do not receive a timely or correct diagnosis cannot get proper medical care. In many cases, this has deadly consequences.
When life-threatening conditions are not immediately and accurately diagnosed, patients can suffer significant consequences, including death. However, even less serious conditions can cause considerable complications and may even be fatal if medical providers fail to provide proper diagnoses. Additionally, a patient who receives the wrong diagnosis may undergo unnecessary or improper treatment, such as radiation treatment or unnecessary surgery. They may be prescribed incorrect medications, which can cause further harm, or they may be discharged early without the follow-up care they need.
In short, the consequences of diagnostic mistakes—whether misdiagnosis, delayed diagnosis, or failure to diagnose—are serious. When these errors are the result of negligence and substandard medical care, affected patients and the loved ones of those who die may be entitled to legal action.
How do you prove liability in a San Antonio misdiagnosis case?
Misdiagnosis cases are complex for a number of reasons. For one, an improper diagnosis may not necessarily be the result of medical malpractice. In fact, sometimes medical providers do everything they can to quickly and accurately diagnose a patient’s condition but are unable to do so. This does not constitute negligence.
Rather, to prove medical malpractice and, therefore, have grounds to sue for damages, you must prove that a medical provider failed to uphold a reasonable and acceptable standard of care. This means proving that they failed to do something or did something that another competent medical provider would have/would not have done in the same or similar circumstances.
For example, a medical provider may be liable for a misdiagnosis/delayed diagnosis if they:
- Ignored your symptoms
- Failed to order necessary diagnostic tests
- Misread/improperly analyzed test results
- Failed to refer you to a specialist
- Failed to recommend further testing
- Sent you home without treatment (early discharge)
- Failed to conduct proper follow-up care
At the Law Offices of Pat Maloney, we understand how to investigate issues involving improper diagnosis and diagnostic errors. Our San Antonio misdiagnosis attorney has extensive experience and a proven track record of success in highly complex medical malpractice and negligence claims.
Do you have a misdiagnosis attorney near me?
The Law Offices of Pat Maloney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.
Knowledgeable misdiagnosis lawyer working for you
If you or a loved one has been the victim of misdiagnosis in San Antonio, you need an experienced and compassionate legal team on your side. The Law Offices of Pat Maloney is ready to hold the right people accountable for the harm they’ve caused you and your family.
Misdiagnosis can have devastating consequences, from delayed treatment to unnecessary and harmful medical procedures. Contact us today to schedule a free consultation with a skilled attorney by calling our offices. You can also reach us using our simple and convenient contact form.