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The first and most important step in medical care is getting the diagnosis right. Doctors cannot treat what they have not found. When a serious condition is missed, mistaken for something else, or found too late, a treatable problem can become permanent or fatal.
Misdiagnosis vs. Failure to Diagnose
Both are recognized forms of medical malpractice in Pennsylvania, but they are different:
- Failure to diagnose means the provider never identified the condition at all.
- Misdiagnosis means the provider made a diagnosis, but it was the wrong one, so the real problem went untreated.
- Delayed diagnosis means the condition was eventually found, but later than it should have been, after the chance for better treatment had passed.
Conditions That Are Commonly Missed
- Cancers, including breast, colon, lung, cervical, ovarian and skin cancer
- Stroke
- Heart attack and other cardiac problems
- Infections and sepsis
- Blood clots and pulmonary embolism
- Fractures and spinal injuries
Why Diagnoses Get Missed
To diagnose properly, a provider has to take a careful history, examine the patient, consider the reasonable possibilities (called a differential diagnosis), and order the tests needed to rule the dangerous ones in or out. Cases usually arise when one of those steps is skipped:
- The patient’s history and symptoms were not taken seriously or not reviewed
- Appropriate tests or imaging were not ordered
- Test results were misread, or abnormal results were never acted on
- No one followed up, or the patient was not referred to a specialist
- Information was lost in a handoff between providers
Time pressure is real. Many doctors are scheduled to see a high volume of patients. But a busy schedule does not lower the standard of care.
Proving a Missed or Delayed Diagnosis Case
A bad outcome alone is not malpractice. To win, we must show that a reasonably careful provider would have made the diagnosis sooner, and that the delay made a real difference. Pennsylvania law allows recovery when the delay increased the risk of harm and that increased risk was a substantial factor in the outcome (Hamil v. Bashline, Pa. 1978). These cases almost always require expert testimony on both the standard of care and causation.
Pennsylvania Rules You Should Know
- Two-year deadline. A malpractice suit generally must be filed within two years of when the patient knew, or reasonably should have known, of the injury and its cause. Special rules can apply to children and to deaths. Do not wait to get advice.
- Certificate of Merit. Your lawyer must certify that a qualified medical professional reviewed the case and found the care likely fell below accepted standards and caused the harm. It is filed with the complaint or within 60 days after.
- Expert testimony is required. The expert generally must practice in the same or a substantially similar specialty as the provider being sued.
- No cap on compensatory damages. Pennsylvania does not limit what a jury can award for medical expenses, lost earnings, and pain and suffering.
Related Cases We Handle
Talk to a Malpractice Lawyer
Every case starts with a conversation with a lawyer, not an intake clerk. If the facts and injuries support a closer look, we have the medical records reviewed by an appropriate physician before you commit to anything. Our medical malpractice cases are handled by Noah Fardo and Bill Rogel.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Medical Malpractice FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
