Massachusetts Failure to Diagnose Lawyer

Misdiagnosis & Failure to Diagnose in Massachusetts

When a doctor, hospital, or other health care provider fails to identify an illness in a timely or accurate manner, it may be considered medical malpractice in Massachusetts.

A missed or delayed diagnosis can prevent patients from receiving life-saving treatment, lead to unnecessary or harmful care, and allow conditions to progress to a far more serious stage.

At Sokolove Law, our Massachusetts failure to diagnose lawyers can help you seek justice and compensation from those responsible for your suffering.

Diagnostic errors that may lead to a Massachusetts medical malpractice claim include:

• Delayed Diagnosis: A health care provider identifies the condition, but not soon enough to prevent complications or worsening symptoms
• Failure to Diagnose: A doctor fails to recognize a patient's condition despite signs, symptoms, or test results that should have prompted a diagnosis
• Misdiagnosis: A patient is diagnosed with the wrong condition, which can delay proper treatment and lead to unnecessary or ineffective care

Researchers at Harvard-affiliated Brigham and Women's Hospital in Boston found that 23% of hospitalized patients who were transferred to the ICU or died had experienced a diagnostic error, with 17% suffering some form of harm as a result.

The Brigham and Women's researchers found that most diagnostic errors were linked to mistakes made during patient assessment or when ordering and interpreting tests.

“It appears to be that only a minority of deaths in hospitals are linked to diagnostic errors, but even a single patient death that might have been prevented with a better diagnostic process is one death too many.”
– Dr. Jeffrey L. Schnipper, Brigham Hospital

Why You Can Sue for a Delayed or Missed Diagnosis

Medical professionals are expected to meet high standards of care when evaluating symptoms, ordering tests, interpreting results, and diagnosing conditions. When they fail to do so and cause harm, they may be liable for medical malpractice.

A delayed or missed diagnosis can allow a condition to worsen, reduce treatment options, lead to unnecessary complications, or even become life-threatening.

If another reasonably skilled provider would have identified the condition sooner, you may have grounds to pursue compensation for medical expenses, lost income, pain and suffering, and more.

Brigham and Women's Hospital found that diagnostic errors are the most common basis for medical malpractice lawsuits against Massachusetts primary care physicians.

Our Past Massachusetts Failure to Diagnose Settlements

A missed or delayed diagnosis can have devastating consequences. When a doctor, hospital, or other health care provider fails to diagnose a serious condition in time and a patient suffers harm, they may be held accountable through a medical malpractice lawsuit.

Some of our Massachusetts failure to diagnose settlements and verdicts include:

• $10 Million to a Salem man who didn't receive a timely diagnosis
• $3.9 Million for an Athol patient who received a delayed diagnosis for a herniated disc
• $3.5 Million to a North Attleboro woman whose husband died after his cancer went undetected for over a year despite regular checkups
• $3 Million for a Revere man whose abdominal aortic aneurysm wasn't diagnosed in time, resulting in rupture, colostomy, renal failure, and paraplegia
• $2.5 Million to a Boston family whose son had a 5-day delay before being diagnosed with meningitis, resulting in developmental delays
• $2.5 Million for a Norwood man whose stage 3 gastric cancer was delayed 4 years
• $2.45 Million to a Dartmouth patient whose diagnosis was incorrect
• $2 Million for a Lexington patient who became partially paralyzed due to a delayed diagnosis
• $1.25 Million to a client who was misdiagnosed, which allowed his lung cancer to progress to stage 4
• $4 Million for a Framingham family after their mother died during childbirth due to a delayed C-section
• ​​$2.5 Million to a Northbridge woman whose son with cerebral palsy passed away from having to wait too long in the ER
• $1.5 Million for a woman in Arlington whose ovarian cancer diagnosis was delayed
• $2.25 Million to a patient in New Bedford who suffered a misdiagnosis
• $2.5 Million for a Belmont woman whose cancer wasn't caught in its early stages
• $4 Million to a Billerica man whose cancer was misdiagnosed
• $9.67 Million for a Roxbury child who suffered injuries during a delayed delivery

Receiving compensation from a delayed diagnosis lawsuit in Massachusetts can help to lessen the burden of ongoing medical treatments and other costs related to your misdiagnosis.

While there's never a guarantee of success, our failure to diagnose attorneys in Massachusetts will fight for the most compensation possible in your case.

Commonly Missed or Misdiagnosed Conditions in Massachusetts

Massachusetts failure to diagnose lawsuits can involve many different medical conditions, but they often stem from the same problem: A doctor, hospital, or other provider failed to recognize a condition in time for appropriate treatment.

Examples of Massachusetts failure to diagnose claims include:

• Missed strokes
• Aneurysm or blood clot misdiagnoses
• Delayed cancer diagnoses
• Heart attacks that could have been prevented
• Missed infections, like sepsis or meningitis
• Pulmonary embolism diagnostic errors

Failure to diagnose can occur in a variety of health care settings, including primary care offices, urgent care centers, hospitals, and specialty practices. When conditions go undiagnosed, patients may face serious harm.

Below are some of the most common types of failure to diagnose cases and how our failure to diagnose lawyers in Massachusetts may be able to help.

Massachusetts Failure to Diagnose Stroke Attorney​

Stroke is one of the most commonly misdiagnosed conditions and one of the deadliest to get wrong. Massachusetts sees over 16,000 stroke hospitalizations each year, according to the Massachusetts Department of Public Health.

With strokes, a fast and correct diagnosis is essential to preventing lifelong injury or death.

Symptoms of a stroke may include:

• Dizziness
• Headaches
• Mild weakness

The early signs of stroke are often overlooked in women, minorities, and patients under the age of 45. In Massachusetts, the rate of stroke hospitalizations for non-Hispanic Black residents is 74% higher than that of non-Hispanic white residents.

A Massachusetts stroke misdiagnosis attorney can seek compensation for medical bills, pain and suffering, and more.

Massachusetts Failure to Diagnose Aneurysm Lawyer

An aneurysm is a bulge that forms in the weakest part of a blood vessel. When a doctor fails to diagnose an aneurysm, the blood vessel can burst, causing blood clots, internal bleeding, or stroke.

Misdiagnosis or delays in diagnosis of aneurysms occur in up to 25% of patients when initially seeking medical attention, according to the Brain Aneurysm Foundation in Hanover, Massachusetts.

Reasons doctors may misdiagnose an aneurysm include:

• Failing to order a scan
• Misinterpreting symptoms
• Not properly reviewing a patient’s medical or family history

Researchers at Harvard Medical School's Beth Israel Deaconess Medical Center have identified the "thunderclap headache," a sudden, severe headache often described as the worst of a patient's life, as the most frequently overlooked warning sign of an aneurysm before rupture.

Ruptured brain aneurysms are fatal in about 50% of cases, and among those who survive, about 66% experience permanent neurological problems, the Brain Aneurysm Foundation reported.

A Massachusetts failure to diagnose aneurysm attorney can work to uncover evidence showing that diagnostic errors caused harm and then fight for compensation to cover medical bills, lost wages, and more.

Massachusetts Blood Clot Misdiagnosis Attorney

Misdiagnosing a blood clot can result in life-threatening complications, including pulmonary embolism, stroke, or even death.

Brigham and Women's Hospital warns that these conditions affect an estimated 250,000 to 2 million Americans each year, and that deaths from them are largely preventable.

With blood clots, doctors can make mistakes by:

• Failing to order the appropriate tests
• Misinterpreting symptoms
• Neglecting to consider an underlying medical condition
• Not recognizing risk factors like a family history of blood clots

One study found that in emergency department settings, more than 27% of pulmonary embolism cases were initially misdiagnosed, often because symptoms like shortness of breath or chest pain are mistaken for anxiety or a muscle strain.

When a blood clot causes harm, a Massachusetts blood clot misdiagnosis lawyer can determine the at-fault parties and work to hold them accountable.

Massachusetts Failure to Diagnose Cancer Lawyer

Failure to diagnose cancer often occurs because symptoms of the disease mimic those of other illnesses. This can lead doctors to believe that the patient is suffering from a completely different condition.

Massachusetts sees nearly 40,000 new cancer diagnoses each year, according to the Massachusetts Cancer Registry.

Additional reasons why cancer may be misdiagnosed include:

• Failing to properly follow up with a patient's concerns
• Misinterpreting biopsies or other test results
• Misreading imaging scans
• Not mentioning or scheduling preventive screenings

Unfortunately, if cancer is not diagnosed early, it may progress and spread throughout the body, which can limit treatment options or make them less effective.

Massachusetts cancer misdiagnosis lawyers handle all the legal work involved in a claim, allowing patients to focus on their treatments.

Massachusetts Heart Attack Misdiagnosis Attorney

Heart attacks occur when there’s a block in one or more arteries that limits the flow of blood to the heart and deprives the body of oxygen. When somebody is having a heart attack, it’s important to restore blood flow as quickly as possible.

Heart disease, along with cancer, is one of the two leading causes of death in Massachusetts, according to the Massachusetts Department of Public Health.

Heart attack symptoms may include:

• Cold sweat
• Fatigue
• Lightheadedness or sudden dizziness
• Nausea, indigestion, heartburn, or abdominal pain
• Pain and discomfort that originates in one area and spreads to a different area

Unfortunately, physicians often write off the symptoms of a heart attack as heartburn or indigestion. Women are at particular risk — a study of malpractice claims found that in 70% of cases where a woman's heart disease went undiagnosed, the patient died.

"Failure to diagnose a heart attack is the No. 1 cause of malpractice payouts in the emergency department."
– Dr. James Januzzi, Massachusetts General Hospital

A Massachusetts heart attack misdiagnosis attorney can investigate whether physicians acted appropriately by ordering diagnostic tests or administering clot-dissolving medication in an attempt to prevent harm.

Massachusetts Failure to Diagnose Infection Lawyer

Health care professionals may misdiagnose an infection if they fail to consider less common infections or rely too heavily on assumptions instead of thorough testing.

Sepsis, the body's extreme and life-threatening response to infection, is the leading reason for hospital admission in Massachusetts, after normal labor and delivery, according to the Betsy Lehman Center for Patient Safety.

For some infections, symptoms are somewhat unclear and may not show up on standard diagnostic tests. In these instances, physicians may dismiss their patient's concerns prematurely.

Sepsis symptoms commonly mistaken for other conditions include: 

• Confusion
• Elevated heart rate
• Fever
• Rapid breathing

If left undiagnosed, an infection can turn into sepsis and septic shock, which can cause organ failure and even death if not treated promptly. A Massachusetts failure to diagnose infection attorney can seek compensation on behalf of patients.

Massachusetts Failure to Diagnose Pulmonary Embolism Attorney

A pulmonary embolism is a blood clot that breaks from the wall of a vein and travels into the lungs. This disrupts blood flow to the lungs and makes it difficult for the rest of your body to receive oxygen.

Pulmonary embolisms may be mistaken for other lung conditions, like asthma or pneumonia. Unfortunately, a physician’s failure to quickly diagnose a pulmonary embolism can be fatal.

When doctors fail to diagnose a PE and cause harm, our Massachusetts pulmonary embolism lawyers can step in and fight hard for everything patients deserve.

How to File a Failure to Diagnose Lawsuit in Massachusetts

Filing a Massachusetts failure to diagnose lawsuit typically begins with investigating what happened and determining whether a doctor, hospital, or other health care provider made a preventable mistake.

To succeed, your legal team must show that the provider's failure to diagnose your condition caused you to suffer additional harm.

When you work with Sokolove Law, our Massachusetts failure to diagnose lawyers can manage the legal process from start to finish, allowing you to focus on your health.

1. Contact Sokolove Law

At Sokolove Law, we provide free case reviews to see if you may be eligible to file a Massachusetts failure to diagnose claim.

During this time, we’ll ask you a few questions about your experience, so we can better understand the specifics of your situation.

2. Investigate Your Case

Failure to diagnose claims often require extensive medical evidence and expert review to establish a delay or mistake happened and that it resulted in harm to the patient.

Our team can gather and analyze:

• Medical records and test results
• Evidence showing how the delayed diagnosis affected your health, finances, and quality of life
• Imaging scans, pathology reports, and lab findings
• Testimony from medical experts

We also document damages such as medical expenses, lost income, and pain and suffering to help ensure that any settlements you receive properly compensate you for your injuries.

3. We'll File Your Massachusetts Failure to Diagnose Claim

Once the evidence has been reviewed, your attorney can file a medical malpractice lawsuit against the responsible health care providers or institutions.

Massachusetts law requires victims to first present evidence to a medical malpractice tribunal early in the litigation process to determine whether the claim raises a legitimate question of liability.

Our attorneys can prepare the necessary filings and advocate for your interests throughout the entire process.

4. Pursue Compensation

Many Massachusetts failure to diagnose claims are resolved through settlement negotiations. However, if a settlement cannot be reached, our attorneys are prepared to take your case to trial.

Our goal is to recover compensation for additional medical treatment, lost wages, pain and suffering, reduced quality of life, and other losses caused by the diagnostic error.

"These cases are complex and require deep medical and legal knowledge to prove. A skilled lawyer knows how to uncover what really happened, even when hospitals or doctors are not forthcoming with answers. Medical records can be incomplete or written in ways that hide key details, so having someone who knows what to look for is critical."
– Ricky LeBlanc, Managing Attorney of Sokolove Law

Massachusetts Failure to Diagnose Statute of Limitations

Like other states, Massachusetts has a statute of limitations that limits the amount of time you have to file a lawsuit for a delayed or missed diagnosis.

The Massachusetts failure to diagnose statute of limitations is generally 3 years from when the injury was discovered or reasonably should have been discovered (Massachusetts General Laws Chapter 260, Section 4).

However, the law also imposes a 7-year statute of repose, meaning most claims cannot be filed more than 7 years after the malpractice occurred, regardless of when it was discovered.

Don't wait to speak with a Massachusetts failure to diagnose lawyer. If the statute of limitations in your case expires, you could lose your right to seek compensation.

Examples of Massachusetts Failure to Diagnose Lawsuits & News

Massachusetts failure to diagnose lawsuits and news reports often involve alleged diagnostic errors and highlight the potentially devastating consequences of missed, delayed, and incorrect diagnoses.

$29 Million Verdict for Failure to Diagnose Aortic Aneurysm

An Essex Superior Court jury awarded $29 Million to the family of a 43-year-old Salem man who died after doctors allegedly failed to diagnose an aortic aneurysm and dissection.

The lawsuit claimed two Salem Hospital physicians did not recognize warning signs of the life-threatening condition or order CT angiography testing that could have identified the problem sooner.

The man had sought emergency treatment about 5 years earlier after experiencing severe abdominal, chest, and back pain. Although testing ruled out certain conditions, doctors reportedly attributed his symptoms to a possible infection.

“There’s satisfaction that the jury heard his story and understood what happened to him, but I do think it’s hard to listen to that and realize that a simple test would have saved his life.”
– Massachusetts Failure to Diagnose Lawyer

$4.8 Million Massachusetts Fatal Misdiagnosis Verdict

A Suffolk County jury awarded a Massachusetts family $4.8 Million after finding that a doctor's misdiagnosis contributed to the death of a 23-year-old man.

The lawsuit alleged that his myocarditis, a potentially fatal heart condition, was mistaken for a respiratory infection during an emergency room visit.

The victim reportedly sought treatment at St. Elizabeth's Medical Center, complaining of a cough, fever, and chest pain. He was diagnosed with bronchitis, prescribed antibiotics and pain medication, and sent home. The next morning, he was found dead in his bed.

Massachusetts Court Allows Evidence in Delayed Cancer Diagnosis Case

A Massachusetts judge ruled that a patient can use older medical records to help support a failure to diagnose cancer lawsuit, even though those earlier events occurred outside the state's 7-year statute of repose.

The ruling could make it easier for patients in delayed diagnosis cases to show the full history of their medical care and explain how earlier missed warning signs contributed to later harm.

Let Our Failure to Diagnose Attorneys in Massachusetts Fight for You

At Sokolove Law, our Massachusetts wrong diagnosis attorneys are dedicated to holding those responsible for your suffering accountable.

Our attorneys strive to make the legal process as stress-free as possible, and there are no hourly fees or out-of-pocket costs to work with our team.

We've already secured over $1.5 Billion total for medical malpractice victims.

Call (800) 995-1212 now or fill out our contact form to see if our Massachusetts failure to diagnose attorneys can fight for the compensation you deserve.

Massachusetts Failure to Diagnose Attorney FAQs