Misdiagnosis Lawyer
Misdiagnosis Attorneys in NC, SC & GA
An accurate and timely diagnosis is the foundation of effective medical treatment. When a doctor misdiagnoses a condition, fails to diagnose it altogether, or significantly delays the diagnosis, the consequences can be severe. Cancers that could have been treated in early stages may become terminal. Heart attacks may go unrecognized until permanent damage occurs. Infections may spread unchecked. At Dr. Ted Injury Law, our misdiagnosis lawyers represent patients who have suffered harm due to diagnostic errors by healthcare providers across North Carolina, South Carolina, and Georgia.
Diagnostic errors are the most common type of medical malpractice. Studies show that approximately 12 million Americans are affected by diagnostic errors each year, and about one-third of malpractice claims involve diagnostic mistakes. Our attorneys work with medical specialists to determine whether your doctor met the standard of care in evaluating your symptoms and arriving at a diagnosis.
Types of Diagnostic Errors
- Misdiagnosis — Diagnosing a patient with the wrong condition, leading to inappropriate treatment while the actual condition goes untreated.
- Delayed diagnosis — Correctly diagnosing a condition but only after an unreasonable delay that allows the condition to worsen.
- Failure to diagnose — Failing to identify a condition altogether, often by dismissing symptoms or failing to order appropriate tests.
- Failure to diagnose a related condition — Correctly diagnosing one condition but failing to identify a related or co-existing condition.
- Failure to diagnose complications — Failing to identify complications arising from a known condition or treatment.
Commonly Misdiagnosed Conditions
- Cancer (breast, lung, colorectal, skin)
- Heart attack and cardiovascular disease
- Stroke
- Pulmonary embolism
- Appendicitis
- Meningitis and encephalitis
- Infections (sepsis, MRSA)
- Autoimmune disorders
- Mental health conditions
Proving a Misdiagnosis Case
To succeed, you must prove that a doctor-patient relationship existed, the doctor failed to meet the standard of care in making the diagnosis, a competent doctor under similar circumstances would have made the correct diagnosis, the diagnostic error caused harm by allowing the condition to progress or by subjecting the patient to unnecessary treatment, and the patient suffered damages. Expert testimony is essential in misdiagnosis cases.
State Laws
North Carolina
Rule 9(j) certification with expert review is required. The statute of limitations is 3 years from the act or discovery, with a 4-year statute of repose. The discovery rule is particularly important in misdiagnosis cases where the error may not be immediately apparent.
South Carolina
Notice of Intent with expert affidavit required. The statute of limitations is 3 years from the act or discovery, with a 6-year statute of repose.
Georgia
Expert affidavit with the complaint required. The statute of limitations is 2 years from the act, with a 5-year statute of repose. The discovery rule may extend the deadline in cases where the error was not immediately discoverable.
Compensation
Misdiagnosis victims may recover for additional medical treatment necessitated by the delayed or incorrect diagnosis, medical expenses for treating the advanced condition, lost wages and earning capacity, pain and suffering from disease progression, emotional distress, and wrongful death when misdiagnosis leads to a fatal outcome. Our attorneys calculate the difference between the outcome the patient would have had with a timely, correct diagnosis versus the actual outcome.
Contact Us
If you or a loved one has suffered due to a misdiagnosis or delayed diagnosis, contact Dr. Ted Injury Law for a free consultation.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.