San Antonio Misdiagnosis Lawyers

Fighting for Those Who Have Been Misdiagnosed in Texas

Diagnostic errors are some of the most common examples of medical malpractice. When physicians misdiagnose patients, provide delayed diagnoses, or fail to diagnose conditions altogether, patients can experience a wide range of serious injuries, illnesses, and life-threatening conditions. Sadly, diagnostic mistakes can also lead to death.

If you or a loved one suffered because of a medical provider’s failure to properly diagnose a serious injury or illness, you may have grounds for a medical negligence claim. At Maloney Law Group, P.L.L.C., we represent individuals and families who have experienced immense physical, emotional, and financial harm due to substandard medical care, including improper and failed diagnoses. For more than 60 years, our firm has been fighting on behalf of injured San Antonians and their loved ones; we know what you are up against, and we are ready to advocate tirelessly for you.

On this page:

• Common Diagnostic Errors
• What Is a Delayed Diagnosis?
• What Could Be Recovered in a Misdiagnosis Claim?
• What Is the Statute of Limitations for Misdiagnosis Claims in Texas?
• Fighting for Maximum Compensation in Your Case

For an initial consultation with one of our San Antonio misdiagnosis lawyers, call our office at (210) 361-2997 or contact us online today.

Common Diagnostic Errors

While most medical professionals draw on years of training and experience to properly assess a patient’s symptoms, diagnostic errors can and do happen. Often, though not always, these errors are the result of negligence.

Diagnostic errors generally fall into three categories.

• A missed diagnosis occurs when an existing condition is not identified at all.
• An incorrect diagnosis occurs when symptoms or test results are attributed to the wrong condition.
• A delayed diagnosis occurs when a correct diagnosis is made after a medically important treatment window has passed. Each type can cause distinct harm, and the relevant legal question is whether the provider’s conduct departed from the applicable standard of care and whether that departure caused additional harm to the patient.

Examples of common diagnostic errors include:

• Misdiagnosis/Delayed Diagnosis of Cancer: This occurs when cancer is either not diagnosed at all, diagnosed incorrectly as another condition, or identified at a much later stage than it should have been, leading to delayed treatment and worse outcomes.
• Failure to Order Proper Diagnostic Tests: This happens when a healthcare provider does not order the necessary tests that could confirm or rule out a particular diagnosis. Without these tests, the correct diagnosis may be missed.
• Improper Analysis of Test/Lab Results: Even if the right tests are ordered, errors can occur in analyzing or interpreting the results, leading to incorrect conclusions about a patient’s condition.
• Mistakes in Conducting Diagnostic Tests: Errors during the actual performance of diagnostic tests (e.g., incorrect sample collection, contamination, or technical errors) can lead to inaccurate results.
• Failure to Diagnose a Heart Attack or Stroke: These are critical conditions where any delay or mistake in diagnosis can have severe consequences. Symptoms may be misinterpreted or attributed to less serious conditions.
• Misdiagnosis/Delayed Diagnosis of Pneumonia: This can occur when symptoms of pneumonia are mistaken for those of other respiratory conditions or not recognized as serious, leading to delayed or inappropriate treatment.
• Failure to Diagnose/Delayed Diagnosis of Infections: Infections, especially severe or systemic ones, need prompt identification and treatment. Delays or misdiagnosis can lead to significant health deterioration or complications.
• Failure to Review a Patient’s Medical History: A thorough medical history can provide critical clues for accurate diagnosis. Ignoring or not adequately reviewing a patient’s history can result in missing important context or risk factors that affect the diagnostic process.

These and other diagnostic errors can lead to catastrophic injury, permanent disability, and death. Errors can arise from incomplete history-taking, failure to order appropriate tests, missed abnormal results, incorrect interpretation of imaging or laboratory findings, specimen or testing problems, and failures to communicate or follow up on results.

What Is a Delayed Diagnosis?

Like misdiagnosis, which involves a medical professional providing the wrong diagnosis (or no diagnosis) to a patient, delayed diagnosis can have serious consequences. A delayed diagnosis occurs when a doctor or another medical professional fails to provide a timely diagnosis, leading to a delay in treatment.

Delayed diagnosis can occur across a variety of conditions, but is particularly critical in situations involving potentially life-altering illnesses such as strokes, myocardial infarctions, and infections. In these contexts, every moment counts. Even a brief delay in diagnosing these conditions can drastically affect treatment success and patient survival.

The harm from a delayed diagnosis is often evaluated by comparing the patient’s actual course with what may have occurred if the condition had been identified and treated within the appropriate clinical window. Diagnostic delay may lead to more invasive treatment, a worsened prognosis, avoidable complications, permanent impairment, additional medical care, or death. The seriousness of the injury, the timing of the error, the underlying condition, and the available treatment options all affect how a claim is evaluated. A poor outcome does not by itself establish malpractice; the facts must be reviewed to determine whether the care departed from the applicable standard and caused harm.

Delayed diagnosis often demands an in-depth look at the healthcare system itself. In many cases, the issue isn’t just about the treating physician’s immediate actions but also about how the healthcare facility manages diagnostic procedures overall. Proper allocation of diagnostic resources and adherence to standardized checklists can enforce a systematic approach in identifying illnesses promptly, reducing the chances of delayed diagnoses. Encouraging a culture of openness where patients and doctors engage in transparent communication has proven to be beneficial in catching potential pitfalls early, ultimately leading to better care outcomes.

What Could Be Recovered in a Misdiagnosis Claim?

In a misdiagnosis case, the compensation awarded depends on the severity of the harm caused and the circumstances surrounding the negligence. Recoverable damages depend on the facts, proof of causation, the nature of the injury, and Texas law.

Recoverable damages could include the following:

• Medical Expenses: This includes fees for corrective treatments, surgeries, hospital stays, and medications necessitated by the misdiagnosis.
• Lost Wages and Future Earning Capacity: If the misdiagnosis resulted in missed work or reduced capability to earn in the future, compensation could cover these losses.
• Pain and Suffering: Physical pain and emotional distress that were caused by the misdiagnosis are often factored into the compensation.
• Loss of Consortium: When the misdiagnosis affects a patient’s relationship with their spouse or family members, damages can be awarded.
• Punitive Damages: In cases where the medical provider’s conduct was particularly egregious, punitive damages could be granted to deter similar negligence. These require facts meeting the applicable Texas legal standard and are not available in every case.

Our attorneys work with medical witnesses, economists, and other professional resources to analyze the true financial and emotional impact of a medical provider’s mistake, including past and future medical care, income loss, reduced earning capacity, physical impairment, and family or relationship effects when supported by the claim.

What Is the Statute of Limitations for Misdiagnosis Claims in Texas?

Texas law sets strict deadlines for filing a misdiagnosis claim under Chapter 74 of the Texas Civil Practice and Remedies Code. Generally, a health care liability claim must be filed within two years from the occurrence of the breach or tort, or from the date the medical or health care treatment that is the subject of the claim (or the hospitalization for which the claim is made) is completed, subject to statutory provisions. The law also includes a 10-year statute of repose, which means that no claim can generally be filed more than 10 years after the act or omission giving rise to the claim, regardless of when the injury was discovered.

The deadline analysis can depend on the date of the alleged breach, the treatment or hospitalization involved, whether the patient is a minor, and other statutory rules. You should not assume that discovering a diagnosis later automatically extends the deadline. Certain other exceptions, such as instances of fraudulent concealment by the healthcare provider, may apply. Understanding these nuances is crucial for preserving your right to pursue compensation. A prompt legal review helps identify the potentially applicable dates and preserve records while the facts are available.

Fighting for Maximum Compensation in Your Misdiagnosis Case

A misdiagnosis or delayed diagnosis can wreak havoc in your life. At Maloney Law Group, P.L.L.C., we understand the immense impact medical negligence has, encapsulating physical, emotional, and financial challenges that affect not only the patient but entire families. If your loved one died due to an improper diagnosis, we can help you bring a lawsuit against the liable medical provider, hospital, or healthcare facility.

Our team offers compassionate, personalized legal representation tailored to each client’s unique needs. We are committed to tirelessly working to pursue the full, fair compensation you deserve.

Maloney Law Group, P.L.L.C. is a boutique personal injury firm with three generations of trial attorneys. Michael Maloney brings more than 30 years of personal injury practice and board certification in personal injury law. Erica Maloney serves on the Board of Directors of the Texas Trial Lawyers Association and is a member of the San Antonio Trial Lawyers Association. A medical-malpractice claim may involve a physician, hospital, clinic, imaging provider, laboratory, or another health care entity, depending on the facts, and our team is prepared to pursue available avenues of accountability the evidence supports.

Contact us today at (210) 361-2997 to request a no-cost, no-obligation consultation with our San Antonio misdiagnosis attorney. There are no fees unless/until we secure the compensation you are owed.