Michigan Misdiagnosis Lawyer

While seeking a doctor’s opinion, you expect they will provide you with an accurate and timely diagnosis. Unfortunately, medical misdiagnosis or wrongful assessments are a frequent cause of injuries or worsened medical conditions in Michigan.

Every medical professional has a duty of care to their patients. When this duty is breached through negligent care, patients may have grounds for a civil lawsuit with the support of a skilled Michigan misdiagnosis lawyer. These cases often require a thorough investigation by an experienced attorney to build a strong claim.

• The Duty of Diagnosis for Doctors
• Misdiagnosis of Bone Fractures
• Wrongful Diagnosis of Cancer
• Get Help from a Michigan Misdiagnosis Attorney

Common Illnesses That Are Wrongfully Diagnosed

Each year, millions of Americans suffer due to misdiagnosed conditions. Statistics reveal that nearly 12 million adults in the United States are misdiagnosed annually—equivalent to about 5% of all patients seen by doctors and hospitals. In Michigan, the most commonly misdiagnosed conditions include:

• Cancer
• Heart disease and heart attacks
• Strokes
• Blood clots
• Cerebral aneurysms
• Meningitis, both bacterial and viral
• Diabetes
• Deep vein thrombosis (DVT) and blood clots
• Pulmonary embolism
• Bacterial meningitis
• Testicular torsion
• Perforated bowels and colons
• Appendicitis
• Cauda Equina Syndrome
• Lyme’s Disease
• Infections

These conditions are complex and can carry life-threatening consequences if not promptly and correctly diagnosed. A Michigan misdiagnosis attorney can help victims seek compensation for the physical, emotional, and financial hardships they endure due to negligent medical care.

The Duty of Diagnosis for Doctors

While treating patients, doctors must formulate a unique and accurate diagnosis based on each patient’s history, physical examination, lab tests, and radiology studies. They must prioritize conditions that are potentially life-threatening and require prompt attention.

A doctor or hospital is only negligent when the signs and symptoms presented by the patient would lead a reasonable doctor to make a proper and timely diagnosis. This standard of care is based upon the training, skill, and specialty of the physician. Therefore, the jury must determine whether a reasonable physician would have made the proper diagnosis.

In a lawsuit for misdiagnosis, the patient must also demonstrate that a correct diagnosis would likely have led to a better medical outcome. Essentially, the claim must show that with the proper assessment, the patient could have received effective treatment and avoided further injury or a worsening condition.

Since proving fault in medical care requires specialized knowledge, expert medical testimony is essential. A knowledgeable Michigan misdiagnosis lawyer can connect patients with relevant expert witnesses and gather the information necessary to support a legal claim.

Missed Appendicitis Diagnosis and Other Conditions

Hospitals can overlook urgent diagnosis for several medical conditions. These include a missed appendicitis diagnosis and missed bowel obstruction diagnosis. A patient showing symptoms of an emergency condition must be properly diagnosed and treated before discharge. If released too early, a missed diagnosis could lead to severe outcomes—such as a ruptured appendix or bowel obstruction—that may be catastrophic or even fatal.

For example, a missed appendicitis diagnosis can lead to a ruptured appendix, which spreads infection throughout the abdomen and requires extensive, often emergency, surgery. Similarly, an undiagnosed bowel obstruction can cause severe complications, such as a bowel rupture or sepsis, resulting in prolonged hospital stays, additional surgeries, and sometimes permanent health issues.

Misdiagnosis of Bone Fractures

In most circumstances, an x-ray is typically enough to diagnose a bone fracture. However, many times, an x-ray is never performed because the emergency room doctor or nurse fails to order a radiology study. Other times, the radiologist may misdiagnose the bone fracture on the x-ray study.

Unfortunately, a misdiagnosis of a bone fracture results in significant injury and complications to the patient. When a fracture is wrongfully diagnosed, it is left untreated. As a result, the bone will begin to heal on its own without proper alignment, which is known as nonunion. When a nonunion or delayed union occurs and the bone is not properly aligned, it is often necessary to have surgery to repair the fracture.

However, if the condition had been diagnosed and treated initially, it may only need casting in order to properly heal. Therefore, in a claim, it could be shown that, even with surgery, significant damage was done that could otherwise be completely avoided due to a doctor’s wrongful diagnosis.

Wrongful Diagnosis of Cancer

One of the most life-threatening misdiagnoses that can arise is cancer. Unfortunately, cancer misdiagnoses occur frequently, often due to failures in essential steps, such as:

• Performing routine tests, such as blood test and radiology studies
• Documenting results accurately, including changes indicative of cancer, such as breast cancer following a mammogram
• Properly communicating abnormal tests results to the patient
• Referring patients to a specialist for further evaluation
• Accurately read biopsies, ultrasounds, and other diagnostic studies

Many times, the patient and family are initially relieved to find out that there was no cancer found on a study or biopsy. It is only later that they learn that the negligence of a medical professional resulted in the wrongful diagnosis of their condition.

This might mean that, by the time a proper diagnosis is made, cancer has already progressed to a life-threatening or even fatal point. A skilled Michigan misdiagnosis lawyer can support the patient and their family in proving that the wrongful diagnosis was the root cause of the patient’s worsening condition. Through a civil lawsuit, victims may pursue compensation to help cover medical expenses, pain and suffering, and other related losses.

Misread Pathology Reports

A pathology report is a vital document containing a patient’s diagnosis based on an examination of cells and tissues, typically following a biopsy or surgery. This report includes information about the patient, a description of cellular observations, and a diagnosis derived from these findings. The requesting physician must then interpret the report and make appropriate recommendations for the patient’s care. Any errors in reading or interpreting a pathology report can lead to a delayed or incorrect diagnosis, severely impacting the patient’s health.

Patients expect doctors to properly read these pathology reports so that they are diagnosed correctly or in time so that the proper treatment may be implemented. Unfortunately, misread pathology reports or failure to properly read a pathology report can lead to a delay in cancer diagnosis, and therefore delay in treatment. This delay can be harmful, even fatal, as the window for effective treatment narrows.

If a pathology report error led to a wrongful diagnosis of cancer, a patient may have grounds for a negligence lawsuit. To prove negligence, it must be shown that the physician misread the pathology report, leading to a misdiagnosis that ultimately caused harm. A successful claim will demonstrate that a proper reading of the report would have led to a more favorable outcome for the patient.

Can I Sue For a Medical Misdiagnosis in Michigan?

In order to file a medical misdiagnosis lawsuit, it must first be proven that a condition should have been diagnosed by a physician. Many conditions are difficult to diagnose due to the symptoms and complaints of the patient. However, with a proper medical workup, a doctor should eliminate some conditions to arrive at an accurate diagnosis.

When the medical records, lab results, and radiology studies provide evidence of a misdiagnosis, the next step is to determine if the patient suffered harm. In many cases, there would be the same medical outcome anyways. For example, if an emergency room doctor diagnosed a migraine headache instead of a stroke, it still must be established that the proper diagnosis was treatable with a better result. Our medical experts will review the records to determine the likelihood of a better outcome.

If a medical expert confirms that the medical error resulted in harm that was preventable with proper care, you have a legal basis to sue the doctor or hospital. These cases demand compensation for the losses, both economic and non-economic, resulting from medical negligence. Victims may be entitled to a medical malpractice settlement.

Get Help From a Michigan Misdiagnosis Attorney

If you or a loved one was injured or suffered a worsened medical condition after a medical professional wrongfully diagnosed your symptoms, you should contact a Michigan misdiagnosis lawyer for help. When doctors, nurses, and other care professionals are careless, reckless, or otherwise negligent, they should be held accountable for any resulting damages and losses suffered by a patient.

In a medical misdiagnosis lawsuit, victims may be entitled to various types of compensation to address the financial, physical, and emotional impact of their injuries. Common damages recoverable include:

• Medical Expenses: Costs for both current and future medical treatments, including surgeries, medications, rehabilitation, and any necessary ongoing care.

• Lost Wages and Loss of Earning Capacity: Compensation for time missed from work due to the misdiagnosis and any reduced ability to earn in the future due to long-term impacts.

• Pain and Suffering: Damages for physical pain and emotional distress resulting from the misdiagnosis and any subsequent treatments or complications.

• Loss of Enjoyment of Life: For patients who can no longer participate in activities or live life as they did before the misdiagnosis.

There are strict time deadlines for wrong diagnosis lawsuits in Michigan and if you miss a deadline your claim will be lost forever. Generally, there is a two-year statute of limitations but this can be extended in cases involving death and patients who are children at the time of the malpractice.

To begin working on a claim, schedule a no-obligation consultation with a legal professional at Buckfire Law Firm. We will listen to your story, review your records, and let you know if you have a case. We do not charge any money to start your case and we only earn a fee if you receive a settlement check.

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Nov., 2024