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Misdiagnosis Lawyer in Massachusetts
A wrong diagnosis can lead to harmful treatment for a condition you do not have while leaving the real condition untreated. Attorney Jeffrey C. Lavey pursues full compensation for Massachusetts misdiagnosis victims. Free consultation. No fees unless we win.
Misdiagnosis and Medical Malpractice in Massachusetts
A misdiagnosis occurs when a physician identifies the wrong condition as the cause of a patient’s symptoms. Unlike a delayed diagnosis, where the correct condition is eventually identified but later than it should have been, a misdiagnosis involves the identification of an incorrect condition that leads to inappropriate treatment. The patient may receive treatment for a condition they do not have while the actual condition goes untreated and progresses. When a misdiagnosis results from a departure from the standard of care, Attorney Jeffrey C. Lavey represents the affected patients throughout Massachusetts.
The Double Harm of Misdiagnosis
Misdiagnosis can cause harm in two distinct ways. First, the incorrect diagnosis may lead to treatment that harms the patient: unnecessary surgery, medications with significant side effects, radiation treatment, or chemotherapy for a condition the patient does not actually have. Second, the failure to identify the real condition allows it to progress, worsen, and cause additional damage during the period of misdiagnosis. In serious cases, both forms of harm occur simultaneously, and both are recoverable in a malpractice claim. Attorney Lavey quantifies both categories of harm in every misdiagnosis case.
When Misdiagnosis Constitutes Malpractice
Not every diagnostic error is malpractice. Medicine involves clinical judgment, and reasonable physicians can reach different conclusions from the same clinical picture. Malpractice requires a departure from the standard of care: the failure to include the correct condition in the differential diagnosis when a competent physician should have done so; the failure to order diagnostic tests that would have distinguished between conditions; or the misinterpretation of test results that a competent physician would have read correctly. Expert medical testimony establishes whether the specific diagnostic error fell below the standard of care in every misdiagnosis malpractice case.
Common Misdiagnosis Scenarios
- Cancer misdiagnosed as a benign condition, allowing it to progress to an advanced stage
- Heart attack misdiagnosed as acid reflux, anxiety, or musculoskeletal pain
- Stroke misdiagnosed as migraine, vertigo, or intoxication
- Pulmonary embolism misdiagnosed as pneumonia or pleuritis
- Appendicitis misdiagnosed as gastroenteritis or ovarian cyst
- Ectopic pregnancy misdiagnosed as a normal pregnancy or gastrointestinal condition
- Meningitis misdiagnosed as flu or viral syndrome
Pursuing a Misdiagnosis Malpractice Claim
Misdiagnosis malpractice claims require Massachusetts Certificate of Merit requirements and expert medical testimony from a qualified specialist in the relevant field. Attorney Lavey manages the expert review process, obtains and analyzes the complete medical record, and pursues full compensation for every element of harm caused by the diagnostic error. He advises every client honestly on the strength of their case at the initial evaluation and throughout the claims process.
Frequently Asked Questions
The standard of care is what a competent physician should have done given the information available at the time of the examination, not what is obvious in retrospect with full knowledge of the outcome. However, when a condition presents with classic symptoms and the physician fails to include it in the differential diagnosis despite those symptoms, a retrospective review can establish that the diagnosis should have been made at the time. Expert medical testimony evaluates whether the information available at the time was sufficient to require a different diagnostic approach.
If you received treatment, surgery, medication, or other intervention, for a condition you did not actually have because of a misdiagnosis, the physician and facility responsible for the incorrect diagnosis may be liable for the harm caused by the unnecessary treatment. This includes both the physical harm from the treatment itself and the delay in treating the actual condition. Attorney Lavey evaluates both the diagnostic error and the harm from the resulting incorrect treatment in every misdiagnosis case.
Emergency room physicians are held to the standard of care applicable to emergency medicine. Certain time-sensitive conditions, heart attack, stroke, pulmonary embolism, sepsis, are particularly important to diagnose correctly in the emergency setting because delays cause irreversible harm. An emergency physician who misdiagnoses one of these conditions and sends the patient home may be liable for the resulting harm. Attorney Lavey evaluates emergency room misdiagnosis claims throughout Massachusetts.
The Massachusetts statute of limitations for medical malpractice typically begins to run when the patient knew or reasonably should have known that their condition was related to the misdiagnosis. If you only recently connected a current health problem to a prior misdiagnosis, the limitations period may not yet have run. Attorney Lavey evaluates the applicable limitations period and the discovery rule in every case where the misdiagnosis occurred years before the claim is presented.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 or Text (781) 938-1400 for a free consultation.
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