Failure to Diagnose

Attorney for Medical Diagnosis Errors in Louisville, KY

Studies have shown that more than a quarter of all incidents of medical malpractice involve either a misdiagnosis or a failure to diagnose. Medical diagnosis is a science, and doctors who adhere to the well-established procedures for diagnosis should not make mistakes in identifying their patients’ illnesses and injuries. Unfortunately, the statistics show that numerous doctors miss warning signs, dismiss patients’ complaints, and fail to follow proper medical procedures – all resulting in diagnosis errors that put their patients’ health at risk.

At Gladstein Law Firm, PLLC, we represent victims of medical diagnosis errors throughout Kentucky. These errors often involve failure to diagnose cancer, heart attacks, pulmonary embolisms, and strokes. Failure to diagnose any of these conditions can have drastic consequences, including death.

Failure to Diagnose Cancer

Failure to diagnose cancer can lead to malignant tumors and advanced stages of cancer that could have been avoided with appropriate medical care. Doctors who are rushed, fatigued, unskilled, or simply make mistakes can cause their patients a lifetime of pain and suffering. Some of the most common mistakes that can lead to missed or delayed diagnosis of cancer include:

  • Failure to detect elevated prostate-specific antigen (PSA)
  • Failure to investigate abnormalities such as lumps and skin growths
  • Failure to order a mammogram, biopsy, or other necessary test
  • Failure to properly interpret imaging results
  • Failure to properly interpret tissue samples

Patients who fall victim to these errors often end up suffering from cancers such as:

  • Breast Cancer
  • Kidney Cancer
  • Leukemia
  • Lymphoma
  • Lung Cancer
  • Ovarian Cancer
  • Prostate Cancer
  • Rectal Cancer
  • Skin Cancer
  • Thyroid Cancer
  • Uterine Cancer

Failure to Diagnose a Heart Attack

While emergency room doctors and cardiologists should be particularly aware of the warning signs of a possible heart attack, all doctors need to be familiar with the potential signs and symptoms. A heart attack can quickly lead to permanent damage, and patients exhibiting the symptoms of a possible heart attack should receive immediate treatment. However, doctors often overlook the warning signs of heart attacks, and in many cases they dismiss the warning signs, assuming that the patient is suffering from a different, less-serious condition. The typical warning signs of a possible heart attack are:

  • Chest pain, tingling, fullness, or pressure
  • Indigestion
  • Nausea or vomiting
  • Prolonged heartburn
  • Shortness of breath
  • Sweating
  • Upper body pain that extends to the jaw, shoulders, teeth, arms, back, or neck

While many of these symptoms are associated with problems other than heart attacks, it is your doctor’s job to address any reasonably possible diagnoses until the right diagnosis has been conclusively determined.

Failure to Diagnose a Pulmonary Embolism

Similar to heart attacks, the warning signs of a pulmonary embolism can also be associated with a wide range of other medical conditions. However, it is still your doctor’s duty to provide an accurate diagnosis. If you sought treatment for symptoms of a pulmonary embolism and you were either sent home or diagnosed with a  less-serious condition, you may have a claim for medical malpractice. Symptoms indicative of a pulmonary embolism include:

  • Chest pain, discomfort, or tightness
  • Coughing up blood
  • Dizziness
  • Leg pain or discomfort
  • Loss of consciousness
  • Rapid breathing and high heart rate
  • Sudden shortness of breath
  • Swelling of the arms or legs

Your doctor should also be aware of the risk factors that increase patients’ chances of suffering a pulmonary embolism, and your doctor should ask you about these risk factors if you display any of the symptoms listed above. Understanding a patient’s medical history is key to providing an accurate diagnosis. Risk factors for pulmonary embolism include:

  • AIDS
  • Obesity
  • History of trauma
  • Hormone replacement therapy
  • Limited movement or mobility
  • Pregnancy

Failure to Diagnose a Stroke

Hundreds of thousands of people suffer strokes in this country every year. Roughly a quarter of these are recurrent attacks, and nearly three-quarters of stroke victims are over the age of 65. With the prevalence of strokes – especially among the elderly population – treating physicians need to be aware of the warning signs and risks associated with this dangerous condition. The most common signs of a stroke are:

  • Confusion
  • Difficulty walking
  • Inability to speak
  • Inability to comprehend speech
  • Imbalance
  • Numbness in one side of the face or either arm or leg
  • Sudden and severe headache

If your doctor missed the warning signs of a stroke, you may be entitled to significant financial compensation.

Are You Suffering Due to a Misdiagnosis or Failure to Diagnose? Contact Gladstein Law Firm, PLLC Today

Attorney Seth Gladstein has helped medical malpractice victims recover *millions of dollars in compensation. If you believe your medical condition or a loved one’s death may be the result of a misdiagnosis or failure to diagnose, we urge you to contact us right away. Call our Louisville, KY law offices at (800) 991-0474 or submit our online form to request a *free consultation.


*Each case is different and the past record is no assurance that we will be successful in reaching a favorable result in any future case. Among many settlements, Gladstein Law Firm has recovered: $1.8 Million settlement for medical malpractice case involving negligent performance of hysterectomy (Christian Circuit Court); $1.75 Million medical malpractice case involving negligent failure to timely diagnose and treat lung cancer (Jefferson Circuit Court); $550,000 settlement for failure to diagnose prostate cancer (pre-litigation settlement); $500,000 settlement for negligent failure to diagnose and treat an impending stroke after brain surgery (Jefferson Circuit Court); and $195,000 settlement for negligent failure to diagnose and treat a potentially life-threatening heart condition (Macon Co., N.C.; served as co-counsel)  Click here to see some of Gladstein Law Firm, PLLC’s successes. Client pays costs only upon recovery.

Real Time Analytics