Medical errors, and in particular mistaken or missed diagnosis of serious medical conditions, are a major problem in American healthcare. The size and scope of the problem is quite substantial. A 2023 study published in the journal BMJ Quality and Safety estimated that some 795,000 Americans die or are permanently disabled by diagnostic error each year. 1 According to the study, five conditions represent the largest share of harm: stroke, sepsis, pneumonia, venous thromboembolism (blood clots), and lung cancer. 2 Of these, strokes were missed in 17.5% of cases. 3 Other studies estimate that some 10-15% of all diagnoses are incorrect, meaning that some 12 million Americans would be affected just in a primary care setting. 4
The medical research evidences that a missed diagnosis is not a new problem and has sought to analyze the reasons behind missed diagnoses. For instance, with regard to colorectal cancer, only 40% of cases are diagnosed at an early stage. 5 It has been noted that delays in the diagnosis of colorectal cancer occur when physicians fail to recognize cardinal symptoms of bleeding, anemia, and abdominal pain as cancer symptoms rather than symptoms of less serious medical problems. Studies also reveal that women are twice as likely to experience a misdiagnosis of colorectal cancer than men. 6
Missed Medical Diagnosis Lawyers Can Help in Cases of Serious Injury or Death
In cases where serious injury or death results from a missed medical diagnosis, lawyers can evaluate a potential case. Many cases begin with establishing an attorney-client relationship with patients or surviving relatives. Then, attorneys typically obtain and review the medical records to confirm whether a diagnosis was missed. Attorneys then consult with expert physicians in the appropriate medical specialty. For instance, if an emergency room physician misses a stroke diagnosis when a patient comes to the hospital with symptoms consistent with a stroke, attorneys will often consult with an independent emergency room doctor to review the records and discuss the case. In a case where a diagnosis is missed, it is often possible to objectively verify through imaging studies, lab results, or other methods, that an error was objectively made. This allows for an evaluation of the outcomes and a determination of whether legal action is warranted.
Attorneys Christian Patno and Colin Ray often handle medical malpractice litigation in Cleveland and Cuyahoga County based on diagnoses that were missed or mistaken by doctors. These include cases of cancer, sepsis, vascular conditions such as strokes or blood clots, and other matters. They draw on a combined 40+ years of experience in pursuing medical malpractice cases. They apply many of the methods above on a case-by-case basis to pursue justice and accountability for individuals harmed by missed diagnoses and their loved ones.
Patients or loved ones of a patient who believe that a medical professional has made a mistake and missed a diagnosis of a serious condition or incorrectly diagnosed a condition may call for a free, no-obligation evaluation of their potential case. Most cases are taken on a contingency-fee-basis, meaning no fees are owed until settlement or jury verdict, and case expenses are advanced on behalf of clients.
Footnotes
1. "Report Highlights Public Health Impact of Serious Harms from Diagnostic Error in U.S., Johns Hopkins Medicine, July 17, 2023, available at https://www.hopkinsmedicine.org/news/newsroom/news-releases/2023/07/report-highlights-public-health-impact-of-serious-harms-from-diagnostic-error-in-us
2. BMJ Quality and Safety, "Burden of serious harms from diagnostic error in the USA," https://qualitysafety.bmj.com/content/33/2/109
3. Id.
4. Newman-Toker, D., et al, "Rate of diagnostic errors and serious misdiagnosis-related harms for major vascular events, infections, and cancers: toward a nation incidence estimate for the "Big Three," DeGruyter, May 14, 2020, available at https://www.degruyter.com/document/doi/10.1515/dx-2019-0104/html?ref=geektime.com.
5. Siminoff, et al., "Missed opportunities for the Diagnosis of Colorectal Cancer," BioMed Research International, Oct. 4, 2015, available at https://onlinelibrary.wiley.com/doi/full/10.1155/2015/285096.
6. Id.
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