Misdiagnosis

Inaccurate diagnoses of a medical condition negatively impact medical treatment and how well a patient responds to medical care. A study by researchers from Johns Hopkins University, and reported by the National Institutes of Health (NIH), showed that diagnosis errors account for more than a third of malpractice claim settlements and cause likely preventable injury or death for up to 160,000 patients each year. Often there are warning signs of the negligence that led to misdiagnosis, such as lack of clear communication between doctors, misinterpretation of test results, or failure to recognize the seriousness of health issues that patients have raised– in fact, more than half of misdiagnosis errors involve the ordering of diagnostic tests or the taking of patient history information.
Statistics show that pneumonia, congestive heart failure, kidney failure and cancer are among the medical conditions most frequently misdiagnosed, and the consequences can be frightening:

  • 38% of misdiagnosis incidents cause considerable harm
  • 35% result in very serious harm or permanent damage
  • 14% mean immediate or inevitable death

When misdiagnosis results physical pain, emotional distress or death because a health problem was overlooked or improperly addressed, lawyers with the experience found at BWMK are skilled at identifying the legal distinctions mean our clients are entitled to compensation.

Successes

$6.75 Million Brain Damage Settlement

A 68-year-old woman was admitted to Provena St. Joseph Hospital in Elgin after experiencing headaches for two weeks. Family members indicated that, on that day,…

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$2.95 Million Settlement for Complications from Surgical Misdiagnosis and Error

We represented the widow and estate of a 54-year-old husband and father of twin daughters who died from complications from an undiagnosed bowel perforation following…

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$5 Million Settlement for Brain Injury from Gastric Bypass Surgery

We were  lead counsel representing the guardian of a 47-year-old woman who developed extensive bleeding and clotting and digestive tract trauma following gastric bypass surgery….

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$32 Million Settlement for Quadruple Amputation Due to Delayed Diagnosis

We represented the mother of a Chicago girl who, at age 8, was taken to the hospital with a fever and pain in her right…

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$10 Million Settlement for Misdiagnosed Brain Injury Resulting in Paraplegia

Our client, a 41-year-old married father of two, suffered an injury on the right side of his head while playing touch football at a youth…

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$6.3 Million Settlement on Behalf of Brain-Injured Infant

Our client was an infant who, a month after her birth, began having seizures at home. She was hospitalized and given initial medication that halted…

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$7 Million Cancer Death Settlement

A 31-year-old woman had a routine Pap smear in July 1992, which was read as normal. When a subsequent testing in 1995 showed she had…

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$2 Million Settlement for Failure to Diagnose Fatal Aneurysm

A woman suffering lower back pain passed out and was rushed to the emergency room of St. James Hospital, where it was noted that she…

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$3.1 Million Settlement for Death from Misdiagnosis

In September, 1994, a 37-year-old woman went to her physician for a routine mammogram. The test was suspicious, and her doctor recommened a biopsy. Afterwards,…

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$3 Million Settlement in Cancer Misdiagnosis Death

Doctors misread a young boy’s CT scans, which were indicative of a tumor. When the boy underwent a biopsy, he developed a bleed from the…

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