Aggressive Representation for a Failure to Diagnose or Medical Misdiagnosis Lawsuit

A timely and accurate diagnosis is imperative for patients to receive the proper care and treatment they deserve. If you or a family member has suffered as a result of a medical malpractice, our team of attorneys can help you file a failure to diagnose or misdiagnosis lawsuit Moody Law has successfully handled thousands of malpractice cases in Central Florida and Polk County, including Lakeland, Bartow, Winter Haven, and Haines City, and can provide aggressive and competent representation. Whether your hardships are a result of a misdiagnosis or due to a failure to properly diagnose your condition, we will fight to help you collect damages. To learn more about your rights, please schedule a free consultation

What is Misdiagnosis?

Image of doctor pinching the bridge of his noseWhen visiting a medical professional, it is expected that you will receive an accurate diagnosis and treatment. However, a doctor or their staff can fail to accurately diagnose your illness or condition. Whether they have acted in negligence, or have simply failed to correctly diagnose health issues, the outcome can be devastating for you and your loved ones. Without a timely diagnosis, a condition can become worse over time, resulting in more extensive tests, treatments, higher cost, and extended suffering. In some cases an illness can progress beyond a treatable state, resulting in incapacity, or even death. Examples of conditions that often result from misdiagnosis or a failure to diagnose include stroke, pulmonary embolism, or epidural abscess.

Common Types of Misdiagnosis

According to a 2013 study in the Journal of Patient Safety, medical errors are responsible for 210,000 to 440,000 deaths per year. Additionally, a study in the BMJ Quality and Safety journal found 80,000 to 160,000 patients will suffer permanent disabilities as a result of misdiagnosis. There are various ways that a doctor or other medical professional can fail to provide necessary, accurate diagnoses.

Delayed Diagnosis

When serious diseases are not properly diagnosed early-on, more extensive and highly invasive procedures may be required for effective treatment. In the case of a delayed cancer diagnosis, a patient may have to undergo chemotherapy treatments that would not have been necessary originally. Patients may be also be subjected to recurring problems, or in some cases, if the illness has metastasized and can no longer respond to treatment, death may occur.

Diagnostic Error

Diagnostic errors are common in emergency room settings, in which strokes, heart attacks, meningitis, and appendicitis are often misdiagnosed. If your injury was caused as a result of a health professional misidentifying your condition, you will need legal representation to prove that there was a doctor-patient relationship, negligence on behalf of the doctor, and that negligence has caused actual harm or injury. 

Diagnostic Test Error

Faulty equipment and mistakes made by a specialist, technician, or physician can result in misdiagnosis. Diagnostic test errors may also include, but are not limited to, improperly performed tests, misinterpretation of images or test results, miscommunication, or failure to follow-up on test results. 

Having competent and aggressive representation is crucial to ensure that you are properly compensated, and that negligent parties are held responsible.

Misdiagnosis of an Epidural Abscess

An epidural abscess is an infection in the space between the skull and the brain lining, or between the bones of the spine and the spinal cord lining. A pocket of pus forms and causes swelling, which can place pressure on the spinal cord or brain, and lead to significant health concerns. This condition can be easily missed or improperly diagnosed. Resulting damages from a misdiagnosis can have severe and long-lasting effects on a victim and their loved ones.

How Common Is an Epidural Abscess Misdiagnosis?

An epidural abscess is a rare condition, and doctors often do not test for it, even though misdiagnosis can lead to tragic results. The condition is often diagnosed as generic back pain and treated accordingly. A patient may make multiple visits to a physician’s office or emergency room before receiving a correct diagnosis. 

How Is It Diagnosed?

A correct diagnosis can be made from the information gathered from tests such as an MRI (magnetic resonance imaging) scan, a CT (computerized tomography) scan, and a sample of fluid from the abscessed area. An epidural abscess is very treatable if caught early. Typical treatment involves antibiotic therapy and surgery. If, however, the correct diagnosis is delayed or missed completely, the patient can suffer devastating effects.

Images of bacteria, woman with highlighted spine, and brain scans
Failure to diagnose an epidural abscess can result in permanent disability or death.

Results of Failure to Diagnose an Epidural Abscess

Complications from an undiagnosed epidural abscess can include:

  • Spinal cord abscess
  • Meningitis Infection in spine or bones of skull
  • Abscess in brain
  • Long-term back pain
  • Irreversible damage to the brain or nervous system, including paralysis
  • Death

Misdiagnosis of Pulmonary Embolism

A pulmonary embolism (PE) occurs when a major artery in the lung becomes blocked, typically by a blood clot. These clots usually come from the legs, or, rarely, from other parts of the body. Small clots can cause damage that is limited to the lungs, but larger clots can lead to significant concerns and even death if blood flow is entirely blocked. Immediate treatment is key to reducing complications or saving a patient’s life. However, about one-third of patients with undiagnosed and untreated PE do not survive.

An untreated pulmonary embolism can cause you or a loved one to suffer from severe health conditions, or even death. Moody Law is highly experienced at handling medical malpractice cases and will work tirelessly to secure appropriate compensation for clients who have suffered because of misdiagnosis. 

Illustration of a pulmonary embolism
About a third of undiagnosed PE cases result in death.

How We Can Help in PE Misdiagnosis Cases

The attorneys at Moody Law can help if you or a loved one are suffering from complications of a misdiagnosed or undiagnosed PE. While financial restitution cannot make up for your losses or pain, compensation can allow you to focus on healing and recovery after traumatic health problems. You deserve to be compensated for any injuries that were caused by a medical professional’s failure to provide proper treatment.

With our proven track record of success litigating medical malpractice cases, you can trust our diligent team to provide compassionate advice and dedicated representation.

Our experienced lawyers will fight aggressively to help you receive all due restitution to cover medical bills, lost income, and physical and emotional pain and suffering. In cases of wrongful death, we can also seek for damages for loss of companionship. We often work with expert witnesses to ensure the strongest case possible for you. With our proven track record of success litigating medical malpractice cases, you can trust our diligent team to provide compassionate advice and dedicated representation.

Stroke Misdiagnosis

A stroke occurs when part of your brain no longer receives sufficient blood flow. The condition is often referred to as a brain attack. A stroke can occur when a vessel that supplies blood to the brain is blocked by a clot or bursts. If blood flow is stopped for more than a few seconds, significant and lasting brain damage can develop.

The Fallout of Negligence in Cases of Stroke

Early and correct diagnosis of a stroke is critical for patients to receive effective treatment. However, there are various reasons as to why misdiagnoses can occur. Strokes are rare in younger patients, a circumstance that can often lead doctors to attribute symptoms to other conditions. In some cases, patients of all ages may also experience mini strokes, or transient ischemic attacks (TIA). During these illnesses, patients can suffer from temporary loss of blood flow to the brain that will cause stroke symptoms, but does not usually kill any brain tissue. Those who experience a TIA are at high risk of suffering a stroke, and if a doctor fails to diagnose the mini stroke properly, victims can suffer severe and lasting ill effects. Additionally, older patients may receive improper diagnoses because of other diseases or symptoms that are related to aging.

image of man holding head
Failure to diagnose and treat a stroke appropriately can have lifelong repercussions for the victim.

Strokes can lead to a variety of major health issues such as memory problems, paralysis, speech problems, cognitive problems, difficulty with emotions, depression, and even death. The effects of a stroke can be life changing, and many victims never fully recover. A patient who has been severely disabled from a stroke may need multiple forms of therapy, including physical, occupational, speech, and psychological. Many stroke victims will need help with their activities of daily living, such as bathing, cooking, and eating. These situations can be especially traumatic if you or your loved ones suffered a life-altering stroke that could have been avoided.

Moody Law's proven track record with malpractice lawsuits can help you rest assured that we will aggressively advocate for your rights, allowing you to focus on healing and recovery.

Seeking Compensation for Misdiagnosed Stroke Victims

The attorneys at Moody Law can help if you or a loved one are suffering from complications of a misdiagnosed or delayed diagnosis of a stroke. Our proven track record of successfully litigating malpractice lawsuits can help you rest assured that we will aggressively advocate for your rights, allowing you to focus on healing and recovery. The experienced lawyers at our firm will seek the full amount of damages owed for medical expenses (including long-term care), lost income, and physical and emotional pain and suffering. In cases of wrongful death, we can seek restitution for your loss of companionship. 

Understanding Your Rights

Our team of professional medical malpractice attorneys understand that this can be a very difficult time for you or a loved one. Having competent and aggressive representation is crucial to ensure that you are properly compensated, and that negligent parties are held responsible. If you are unsure of your rights, our team at Moody Law can provide a free consultation to review your case. To learn more, please contact us today

Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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