Home › Medical Malpractice › Infection Misdiagnosis
Infection Misdiagnosis Lawyer in Massachusetts
A missed infection diagnosis can allow life-threatening conditions to progress. Attorney Jeffrey C. Lavey represents Massachusetts patients harmed by failure to diagnose serious infections. Free consultation. No fees unless we win.
Infection Misdiagnosis and Medical Malpractice
Infections misdiagnosed or diagnosed too late can escalate from treatable conditions to life-threatening emergencies with remarkable speed. Sepsis, meningitis, necrotizing fasciitis, and severe pneumonia are among the conditions where hours of diagnostic delay translate directly into dramatically worse outcomes and preventable deaths. When a physician fails to recognize the clinical signs of a serious infection and that failure allows the infection to progress to a more dangerous stage, Massachusetts medical malpractice law provides a path to compensation. Attorney Jeffrey C. Lavey represents infection misdiagnosis victims throughout Massachusetts.
Most Commonly Missed or Delayed Infections
- Sepsis: systemic inflammatory response to infection that can cause organ failure and death
- Bacterial meningitis: delayed diagnosis allows progression of a rapidly fatal condition
- Necrotizing fasciitis: the “flesh-eating” infection requires immediate surgical intervention
- Endocarditis: bacterial infection of heart valves often mistaken for flu or arthritis
- Osteomyelitis: bone infection that becomes chronic without prompt treatment
- Spinal epidural abscess: missed presentations lead to permanent paralysis
- Post-surgical wound infection: failure to recognize signs of surgical site infection
The Speed at Which Infections Can Progress
Unlike many diagnoses where a delay of days or weeks primarily affects treatment difficulty rather than outcome, some serious infections progress from treatable to fatal within hours. Sepsis that reaches septic shock has dramatically higher mortality than early sepsis. Bacterial meningitis that progresses to coma before treatment is initiated has far worse neurological outcomes than when caught early. The time-sensitivity of these conditions is part of what makes delayed diagnosis so medically serious and legally significant. Attorney Lavey pursues infection misdiagnosis cases with the urgency the medical timeline demands.
What Physicians Are Required to Do
A physician who sees a patient with signs and symptoms that could indicate serious infection has an obligation to include that possibility in their differential diagnosis, to order appropriate testing, to review test results promptly, and to initiate treatment when clinical evidence supports it, often even before confirmatory laboratory results are available, given the time-sensitivity of serious infections. A physician who attributes infection symptoms to a benign cause without adequate evaluation, or who delays treatment pending test results when immediate empirical treatment is indicated, may be departing from the standard of care.
Compensation for Infection Misdiagnosis Victims
Infection misdiagnosis compensation covers all additional medical expenses caused by the progression of the infection during the diagnostic delay, all lost wages during an extended illness caused by the missed diagnosis, pain and suffering from the avoidable deterioration, and future medical costs for permanent consequences of the infection’s progression, including amputation, organ damage, and neurological injury in the most serious cases. Attorney Lavey pursues every element of these damages.
Frequently Asked Questions
Emergency rooms are common settings for infection misdiagnosis because serious infections may present with symptoms that are initially attributed to benign causes. If an emergency physician sent you home with a diagnosis that failed to account for the serious infection that was actually present, and if a competent emergency physician should have recognized the possibility of serious infection based on your presentation, malpractice may have occurred. Attorney Lavey evaluates emergency room misdiagnosis cases with emergency medicine expert review.
Causation in infection misdiagnosis cases is established with expert medical testimony comparing the prognosis and treatment needs at the time of the actual diagnosis versus what they would have been with a timely diagnosis. The expert testifies about the known progression rate of the specific infection and what outcomes are expected at different stages of diagnosis. Attorney Lavey works with infectious disease and relevant specialty experts in every infection misdiagnosis case.
Healthcare providers who monitor patients after surgery have an obligation to recognize the signs of surgical site infection, increasing redness, warmth, swelling, drainage, and fever, and to initiate treatment promptly. A delayed post-surgical infection diagnosis that allows infection to deepen or spread to underlying tissues, bone, or bloodstream represents a departure from the standard of nursing and medical care. Attorney Lavey pursues post-surgical infection misdiagnosis cases.
If a misdiagnosed infection contributed to a patient’s death, the surviving family members may pursue a wrongful death malpractice claim. Massachusetts wrongful death law allows recovery for the conscious pain and suffering experienced before death, all medical expenses, funeral expenses, and the economic loss sustained by the family. Attorney Lavey handles wrongful death malpractice claims arising from infection misdiagnosis with the compassion and thoroughness these cases require.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
Book a Free Consultation Today
There Are No Fees Unless We Win.
- 1Complete our simple questionnaire
- 2Schedule a free consultation with Attorney Jeffrey C. Lavey
