Misdiagnosis Lawyer in Massachusetts

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