Boston Failure to Diagnose Lawyer

Sokolove Law is a Boston-based law firm with decades of experience handling failure to diagnose medical malpractice cases. Medical professionals can sometimes make serious medical mistakes that lead to patients suffering needlessly.

You may be eligible for compensation for a failure to diagnose lawsuit if you were injured due to a careless medical error. Contact Sokolove Law for a free case review.

Why You Should Choose Our Boston Failure to Diagnose Law Firm

At Sokolove Law, we know the pain and suffering that people experience when medical negligence and malpractice occur. We have a long track record of holding those responsible for that suffering accountable.

As many as 250,000 Americans die each year from preventable medical mistakes, making medical malpractice the third-leading cause of death in the United States. Countless others suffer injuries from malpractice or negligence each year.

Over the last 45+ years, we've secured more than $9.4 Billion on behalf of families and individuals who have suffered injuries across the United States. Our failure to diagnose malpractice lawyers have the resources and skills needed to help you seek justice and compensation for your injuries.

And it won’t cost you anything upfront or out of pocket — we only get paid if you do, so there’s no financial risk to taking legal action.

Find out if you have a case for free by calling (800) 995-1212 or submitting a contact form as soon as possible.

Photo of Jim Sokolove

Learn Your Failure to Diagnose Legal Options

If you were injured as a result of a failure to diagnose or misdiagnosis, speak with an experienced Boston failure to diagnose lawyer who can help you understand your legal options.

Contact Us

Misdiagnosis and Failure to Diagnose Medical Malpractice in Boston, MA

According to the U.S. Department of Health & Human Services National Practitioner Data Bank, there were 1,149 medical malpractice payments in Massachusetts from 2017 to 2021, with payments totaling more than $700 million.

There are three common types of medical malpractice: failure to diagnose, delayed diagnosis, and misdiagnosis.

  • Failure to diagnose is when a doctor does not diagnose a patient's condition.
  • Misdiagnosis is when a doctor diagnoses a patient with the wrong condition.
  • Delayed diagnosis is when a doctor does not diagnose a patient's condition until it is too late.

Medical conditions are often manageable if a doctor appropriately diagnoses the condition and treats the symptoms.

However, sometimes a physician can fail to make a diagnosis or delay a diagnosis, which may be considered a form of medical malpractice called failure to diagnose.

Common Types of Misdiagnosis or Failure to Diagnose Malpractice in Boston, MA

An estimated 126,000 Americans die every year as a result of doctors incorrectly diagnosing common medical conditions.

Below are some of the more common medical conditions that are often misdiagnosed or go undiagnosed.

Cancer Misdiagnosis or Failure to Diagnose

Early diagnosis is essential to a higher rate of recovery in most forms of cancer. A failure to diagnose or misdiagnosis of cancer in patients usually means more invasive and painful treatments and lower chances of recovery.

Many types of cancer are detectable in early stages by routine screening tests. Delaying a cancer diagnosis can also cause severe injury, unnecessary pain and suffering, and death.

Breast cancer in particular is a problem area in failure to diagnose medical malpractice. Breast cancer can be successfully treated if diagnosed in its early stages. However, a failure to diagnose, a delay in diagnosis, or a misdiagnosis allows the cancer to progress to late stages.

Breast cancers in advanced stages can lead to painful treatment, the loss of one or both breasts, and death.

The top reasons why medical professionals fail to diagnose breast cancer include:

  • Doctors rely too heavily on negative mammogram results, even if the patient felt a lump.
  • Doctors place too much emphasis on age as a predicting factor for breast cancer.
  • Doctors may not take women seriously when they complain of symptoms.

If you or a loved one have cancer that was undiagnosed or the diagnosis was delayed, note if your physician failed to:

  • Discuss and order routine cancer screening tests
  • Correctly interpret the diagnostic test results
  • Order the appropriate diagnostic test, such as a biopsy

If a physician ignored your claims and/or failed to diagnose your cancer, it may be considered medical malpractice. Get a free legal review to see if you may have a case.

Aneurysm Misdiagnosis or Failure to Diagnose

An aneurysm is the formation of a bulge in the weakest portion of a blood vessel. An aneurysm can form in any blood vessel, but they are the most dangerous in arteries in the chest and the brain.

A doctor’s failure to diagnose, misdiagnosis, or delay in diagnosing an aneurysm can cause the vessel to burst, which can lead to internal bleeding, blood clots, or stroke.

An aneurysm in the aorta — the largest artery in the body — is called an “aortic aneurysm.”

During an aortic aneurysm, a tear forms in the inner lining of the aorta, causing blood to flow to the middle lining of the aorta. A tear that allows blood to penetrate the outer wall of the aorta typically leads to death.

Aortic aneurysms can be extremely dangerous if there is a delayed diagnosis, a misdiagnosed, or if they go undiagnosed.

Symptoms of an aortic aneurysm include:

  • Shortness of breath
  • Weakness
  • Pain or tearing sensation in the upper back
  • Loss of consciousness
  • Severe chest pain

A brain aneurysm may also be treatable if diagnosed correctly and in a timely manner. The failure to diagnose or the misdiagnosis of a brain aneurysm can lead to paralysis, brain damage, coma, or death.

Symptoms of an unruptured brain aneurysm include:

  • Severe headache
  • Cranial nerve palsy
  • Pain above and or behind the eyes
  • Dilated pupils
  • Double vision

Symptoms of a ruptured brain aneurysm include:

  • Nausea and vomiting
  • Blurred vision
  • Stiff neck
  • Headache
  • Loss of sensation
  • Light sensitivity

Heart Attack Misdiagnosis or Failure to Diagnose

A heart attack is the result of a blockage in one or more arteries. The blockage can be either partial or complete, slowing or stopping blood flow to the heart and depriving the body of oxygen.

Symptoms of a heart attack include:

  • Pressure, discomfort, or tightness in the chest, abdomen, neck, back, jaw, or arms
  • Pain and discomfort that originates in one area and spreads to a different area
  • Shortness of breath
  • Cold sweat
  • Nausea, indigestion, heartburn, or abdominal pain
  • Lightheadedness or sudden dizziness
  • Fatigue

During a heart attack, blood flow must be restored quickly to avoid damage. Not all patients experience chest pain when having a heart attack, which can sometimes lead to a misdiagnosis. Heart attacks, especially those where the pain is located in the abdomen, can be misdiagnosed as heartburn or indigestion.

A failure to diagnose, a misdiagnosis, or a delayed diagnosis of a heart attack can lead to death.

If you or a loved one experienced a heart attack, ask yourself the following questions about your medical professionals:

  • Did they perform an EKG to evaluate heart rhythm?
  • Did they conduct blood tests to measure the cardiac enzyme levels in the blood?
  • Did they give clot-dissolving drugs?

When a medical professional fails to do any of the above, it may be considered medical malpractice.

Sokolove Law has over 45 years of experience handling medical malpractice cases. Reach out to us today for a free consultation.

Stroke Misdiagnosis or Failure to Diagnose

Strokes kill 137,000 Americans each year, making them a leading cause of death and disability in the United States. A stroke occurs when the supply of blood to the brain is interrupted due to a blocked or burst blood vessel. Deprived of oxygen and nutrients, brain cells begin to die rapidly.

There are different types of strokes, but the most common are ischemic, hemorrhagic, and transient ischemic attack (TIA). Ischemic strokes occur when a clot blocks blood flow to the brain. Hemorrhagic strokes result from a ruptured blood vessel in the brain and causes blood to spill in the brain. TIA, also known as a “mini stroke,” can resolve by itself, but it can also be a precursor to more serious strokes.

Symptoms of a stroke include:

  • Confusion
  • Slurring words, difficulty speaking or understanding speech
  • Blindness, haziness, or double-vision in one or both eyes
  • Dizziness or loss of coordination
  • Loss of balance or difficulty walking
  • Paralysis of the face, arm, or leg
  • Sudden headache

Both a timely diagnosis and prompt treatment are crucial, and can limit the damage caused by a stroke, ultimately increasing the likelihood of recovery.

However, a failure to diagnose, misdiagnosis, or delay in diagnosing can lead to avoidable life-long injuries like paralysis, loss of motor functions, seizures, or even death.

Note the following about your medical provider:

  • Did they perform a thorough neurologic exam?
  • Did they perform a CT scan of the brain?
  • Did they perform an ultrasound of the arteries?

When a patient experiences a stroke, it’s important that their medical team uses imaging tests to better visualize the brain and arteries. If a doctor or medical professional fails to take imaging tests, it could be a sign of medical malpractice.

Blood Clot Misdiagnosis or Failure to Diagnose

A blood clot, also known as “thrombosis,” is a clump that forms and lodges in the blood vessels. One of the more serious types of blood clots is deep vein thrombosis (DVT), when a clot forms in the deep veins, typically in the legs.

Symptoms of DVT include:

  • Swelling of the affected leg
  • Pain, cramping, or soreness in the affected leg
  • Red or discolored skin on the leg
  • Warmness in the affected leg

In some cases, blood clots can occur with no symptoms or present symptoms similar to other
conditions such as a stroke, heart attack, or pneumonia, especially when a blood clot leads to pulmonary embolism or blockage of the pulmonary arteries in the lungs.

A failure to diagnose or a misdiagnosis of a blood clot can make the condition worse. Any delay in diagnosing blood clots can lead to a heart attack, stroke, or death.

Pulmonary Embolism Misdiagnosis or Failure to Diagnose

A pulmonary embolism is a result of a clump, usually a blood clot, traveling from another vessel in the body and lodging in the pulmonary arteries in the lungs. Other materials like fat or air bubbles can also cause a pulmonary embolism.

During a pulmonary embolism, blood flow to the lungs is disrupted and lung tissues begin to die, preventing the lungs from oxygenating the body.

Symptoms of pulmonary embolism include:

  • Fainting
  • Sharp stabbing chest pain
  • Shortness of breath
  • Leg pain or swelling of the calf
  • Fever
  • Discolored skin
  • Dry cough that generates bloody sputum
  • Dizziness
  • Anxiety
  • Irregular and rapid heartbeat
  • Excessive sweating

Approximately 33% of undiagnosed or untreated patients die from pulmonary embolism. A physician’s failure to diagnose, misdiagnose, or delay the diagnosis of a pulmonary embolism can be life-threatening.

If you believe doctors or hospitals misdiagnosed, failed to, or delayed your or a loved one’s diagnosis, please contact us.

Infection Misdiagnosis or Failure to Diagnose

Hospitals are required to follow protocols in order to avoid the spread of infections. However, the smallest error by a medical professional can lead to hospital-acquired infections (HAI). Patients recovering from surgery or awaiting treatment have compromised immune systems and are especially prone to infections.

In fact, 1 out of 10 people admitted to a hospital will get HAIs, which are linked to high patient morbidity and death.

HAIs originate inside the hospital and are caused by bacteria, fungus, and viruses. Failing to properly perform hand hygiene to remove contaminants from unsterile surfaces or from contact with other patients is the leading cause of HAIs and the spread of multidrug-resistant organisms (MDROs).

Some common types of HAIs include:

  • Gastrointestinal conditions
  • Surgical site infections
  • Pneumonia
  • Clostridium difficile or C. diff infections
  • Sepsis or bloodstream infections
  • Urinary tract infections from the use of catheters

Not all infections inside a hospital are spread by unsterile conditions. Some infections may be the result of irresponsible medical treatment.

Medication errors such as the misuse or overuse of medicine can lead to drug-resistant superbugs or ESKAPE, which consist of pathogens that can cause a variety of infections. The longer the infection goes untreated, the greater the risk to the patient.

Left undiagnosed, an infection can lead to sepsis, which can damage the organs or cause them to fail. If ignored or untreated, the body can go into septic shock, and a patient can die from a dramatic drop in blood pressure.

What to Do If You Have Been Misdiagnosed

Unfortunately, failure to diagnose medical malpractice occurs far too often in the United States. As a result, conditions can be made worse, symptoms can go untreated, and avoidable deaths can happen.

If you think a doctor failed to diagnose, misdiagnosed, or delayed a diagnosis of your condition, it’s important to determine if you have a viable case.

How Do You Prove Failure to Diagnose or Misdiagnosis?

In order to prove the wrong diagnosis or misdiagnosis, the legal team must prove:

  • There was a doctor-patient relationship
  • There was negligence, and the doctor failed to provide appropriate and/or adequate treatment
  • The patient was injured because of the doctor’s negligence

A failure to diagnose or misdiagnosis alone may not prove malpractice. In order to prove malpractice, the patient’s lawyer has to show that another doctor in a similar medical field and under similar conditions would have correctly diagnosed the illness.

They must also prove that a doctor’s failure to diagnose, misdiagnosis, or delayed diagnosis caused injury or worsened the patient’s condition to the point that it had a negative impact on their health and wellbeing.

Filing a Failure to Diagnose Malpractice Lawsuit in Boston, MA

There are quite a few reasons you should consider taking legal action if you've suffered an injury related to a medical professional's mistake.

Namely, your injury may require even more medical care to fix an error or treat an issue, which can be expensive over time and put a strain on your health. Filing a medical malpractice lawsuit could provide you with the compensation you need to pay for that treatment.

Researchers with the Betsy Lehman Center in Boston found that medical professionals in Massachusetts committed about 62,000 medical errors in 2017 alone. These errors led to more than $617 Million in excess health care insurance company claims.

Filing a medical malpractice lawsuit could hold the medical professional accountable for their negligence and help prevent another patient from going through the same thing. Legal action may also expose problems in the facility where the malpractice occurred, forcing changes that could benefit other future patients.

Compensation from a medical malpractice case can help pay for:

  • Loss of income (if you could not work)
  • Medications
  • Surgeries
  • Therapy and outpatient treatment
  • Other expenses related to your illness

While there are thousands of personal injury attorneys, not all of them can get you the compensation you deserve. Over the last four decades, the lawyers at Sokolove Law have gained the experience and resources needed to handle almost any type of personal injury case.

Our Boston medical malpractice lawyers may be able to help you receive compensation.

Failure to Diagnose Malpractice Settlements in Boston, MA

Failure to diagnose malpractice trials demand a great deal of time, money, and resources. For this reason, about 93% of all medical malpractice cases settle outside of the court. During a settlement, the victim and their legal team receive compensation from the medical professional, physician, or hospital.

According to Medscape, victims of failure to diagnose malpractice lawsuits receive an average settlement of approximately $425,000. However, many of our clients have received much higher payouts.

Some of our past Massachusetts failure to diagnose settlements include:

  • $2.45 Million for a patient in Dartmouth whose diagnosis was incorrect
  • $2.25 Million to a New Bedford patient who suffered a misdiagnosis
  • $2 Million for a patient in Lexington who's partially paralyzed in their back due to a delayed diagnosis
  • $1.5 Million for a woman in Arlington who received a delayed ovarian cancer diagnosis

Settlement amounts vary in every case based on the extent of the injury, cost of related medical bills, pain and suffering, and more. While compensation is never guaranteed, our Boston failure to diagnose lawyers can fight for the most compensation possible in your case.

Call (800) 995-1212 now or fill out our contact form to find out if we may be able to fight for a settlement on your behalf.

Get Help From Our Failure to Diagnose Lawyers in Boston

The Boston malpractice lawyers with Sokolove Law are ready to help if you have reason to believe you have been the victim of negligence committed by a medical professional. Our firm has more than 45 years of experience and a long track record of success.

Sokolove Law started in Boston more than 45 years ago. Since then, our firm has expanded across the country. We have decades of experience and a long track record of success, recovering over $9.4 Billion for injured clients nationwide.

Misdiagnosis malpractice attorneys commonly take on new lawsuits on what’s known as a “contingency-fee” basis. Simply put, this means a victim pays nothing upfront and does not pay for anything out-of-pocket.

A victim’s legal team will be apportioned a certain percentage of the total settlement amount, only if a lawsuit is successful in securing compensation. If a misdiagnosis lawsuit does not succeed in securing compensation for the victim’s injuries, the victim’s lawyer(s) will not be paid an attorney’s fee.

Your initial consultation will be free, and our attorneys only get paid if you do. Our staff of registered nurses will also be available to support you throughout your case.

Call (800) 995-1212 or fill out our contact form to find out more about how we may be able to help.

Sokolove Law Has Served Boston & New England as a Failure to Diagnose Malpractice Law Firm

In 1979, Jim Sokolove founded Sokolove Law in Boston. One of his goals was to help the families of people harmed by medical malpractice get the justice and compensation they deserve. Sokolove Law has become a nationwide firm because of Jim's determination and vision.

We help people from all walks of life — including those of different races, genders, and economic statuses — file medical malpractice claims. We provide free legal case evaluations to our clients and will dedicate a team of legal professionals to your case, including a failure to diagnose or misdiagnosis malpractice attorney, paralegal, and nurse case manager.

You and your family matter to us. Let us fight for you.

Our Boston Office Location

44 School Street, Suite 400,
Boston, MA 02108
Call Us Now at
(800) 647-3434

Sokolove Law Affiliations and Recognition

Our Professional Affiliations

  • American Association of Justice
  • Massachusetts State Bar Association (Located in Boston, MA)


  • National Trial Lawyers - Top 100 Trial Lawyers
  • Massachusetts Academy of Trial Attorneys
  • Top 10 Asbestos & Mesothelioma Trial Lawyers
  • U.S. News & World Report - 2022 Best Law Firms / Best Lawyers
  • Martindale-Hubbell - 2022 Peer-Reviewed for Ethical Standards and Legal Ability

Sokolove Law Local Reviews

  • Better Business Bureau® (BBB) - A+ Rating since 2013
  • Average Google Rating: 4.6/5

Local Service Areas

Wherever you are, we're ready to work with you and serve you and your family.

  • Boston
  • Brockton
  • Brookline
  • Cambridge
  • Chicopee
  • Fall River
  • Framingham
  • Haverhill
  • Lawrence
  • Lowell
  • Lynn
  • Malden
  • Medford
  • New Bedford
  • Newton
  • Peabody
  • Plymouth
  • Quincy
  • Revere
  • Somerville
  • Springfield
  • Taunton
  • Waltham
  • Weymouth
  • Worcester
  • And more

List of Boston Hospitals and their Safety Grades

Boston Hospital Safety Ratings

There are 10 major hospitals located in or very near Boston. The Leapfrog Hospital Safety Grade is a letter grade that scores hospitals based on how well they protect patients from errors, injuries, accidents, and infections. It also includes their potential ability to properly diagnose a condition.

When compared to an A-rated hospital, your chance of dying increases by 35% in a B-rated hospital and 88% in a C-rated hospital. This research was conducted at the Armstrong Institute for Patient Safety and Quality, Johns Hopkins Medicine.

List of Boston Hospitals and Their Grades

  • Massachusetts General Hospital
    55 Fruit Street
    Boston, MA 02114
    Hospital Safety Grade: A
  • Tufts Medical Center
    800 Washington Street
    Boston, MA 02111-1552
    Hospital Safety Grade: A
  • Boston Medical Center
    1 Boston Medical Center Place
    Boston, MA 02118-2908
    Hospital Safety Grade: B
  • CHA Cambridge Hospital
    1493 Cambridge Street
    Cambridge, MA 02139-1099
    Hospital Safety Grade: C
  • Beth Israel Deaconess Medical Center
    330 Brookline Avenue
    Boston, MA 02215-5491
    Hospital Safety Grade: B
  • Brigham And Women's Hospital
    75 Francis Street
    Boston, MA 02115-6110
    Hospital Safety Grade: A
  • CHA Everett Hospital
    103 Garland Street
    Everett, MA 02149
    Hospital Safety Grade: B
  • Mount Auburn Hospital
    330 Mount Auburn Street
    Cambridge, MA 02138
    Hospital Safety Grade: A
  • St. Elizabeth's Medical Center
    736 Cambridge Street
    Brighton, MA 02135-2997
    Hospital Safety Grade: B
  • Brigham and Women's Faulkner Hospital
    1153 Centre Street
    Boston, MA 02130-3400
    Hospital Safety Grade: A

Boston Neighborhoods We Serve

  • Allston-Brighton
  • Back Bay
  • Beacon Hill/West End
  • Charlestown
  • Chinatown
  • Dorchester
  • Downtown Boston
  • East Boston
  • Fenway-Kenmore
  • Hyde Park
  • Jamaica Plain
  • Mattapan
  • Mission Hill
  • North End
  • Roslindale
  • Roxbury
  • South Boston
  • South End/Bay Village
  • West Roxbury

Boston Zip Codes We Serve

  • 02108
  • 02109
  • 02110
  • 02111
  • 02112
  • 02113
  • 02114
  • 02115
  • 02116
  • 02117
  • 02118
  • 02119
  • 02120
  • 02121
  • 02122
  • 02123
  • 02124
  • 02125
  • 02126
  • 02127
  • 02128
  • 02129
  • 02130
  • 02131
  • 02132
  • 02133
  • 02134
  • 02135
  • 02136
  • 02137
  • 02163
  • 02196
  • 02199
  • 02201
  • 02203
  • 02204
  • 02205
  • 02206
  • 02210
  • 02211
  • 02212
  • 02215
  • 02217
  • 02222
  • 02241
  • 02283
  • 02284
  • 02293
  • 02297
  • 02298

Cities We Serve Surrounding Boston

  • Arlington, MA
  • Belmont, MA
  • Brookline, MA
  • Cambridge, MA
  • Chelsea, MA
  • Everett, MA
  • Malden, MA
  • Medford, MA
  • Melrose, MA
  • Milton, MA
  • Revere, MA
  • Somerville, MA
  • Watertown, MA
  • Winchester, MA
  • Winthrop, MA

Ready to see if you qualify for financial compensation?

Start Your Free Case Review

  1. National Library of Medicine. “Birth Trauma.” Retrieved from: Accessed on June 3, 2022.
  2. National Library of Medicine. “Descriptive epidemiology of birth trauma in the United States in 2003.” Retrieved from: Accessed on June 3, 2022.
  3. National Library of Medicine. “Birth trauma. A five-year review of incidence and associated perinatal factors.” Retrieved from: Accessed on June 3, 2022.
  4. Commonwealth of Massachusetts. “About the Massachusetts Center for Birth Defects Research & Prevention” Retrieved from: Accessed on June 6, 2022.
  5. Boston Public Health Commission. Health of Boston 2016‐2017: Appendix of Data Tables. Retrieved from Accessed on June 6, 2022.
  6. World Medical Association. “World Medical Association Statement on Medical Malpractice.” Retrieved from Accessed on June 9, 2022.
  7. National Library of Medicine. Forceps delivery in modern obstetric practice. Retrieved from Accessed on June 7, 2022.
  8. Physiopedia. “Erb’s Palsy.” Retrieved from Accessed on June 8, 2022.
  9. National Library of Medicine. “Obstetrical brachial plexus injury in newborn babies delivered by caesarean section.” Retrieved from Accessed on June 8, 2022.
  10. National Library of Medicine. “Incidence, patterns, and prevention of wrong-site surgery.” Retrieved from Accessed on June 9, 2022.
  11. National Library of Medicine. “Rates and Characteristics of Paid Malpractice Claims Among US Physicians by Specialty, 1992-2014.” Retrieved from Accessed on June 9, 2022.
  12. MOS Medical Record Review. “What Are The Main Factors That Affect The Personal Injury Settlement Value?” Retrieved from Accessed on June 9, 2022.
  13. U.S. Department of Health & Human Services. National Practitioner Data Bank. Retrieved from Accessed on June 10, 2022.
  14. MEDPLI. 2022 Massachusetts Doctors Buying Guide to Medical Malpractice Insurance. Retrieved from Accessed on June 10, 2022.
  15. Betsy Lehman Center for Patient Safety. The Financial and Human Cost of Medical Error. Retrieved from Accessed on June 10, 2022.