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Failure to Diagnose 2018-07-05T12:10:29+00:00

Indiana Lawyers For Failure to Diagnose Errors

Indiana Lawyers For Failure to Diagnose Errors

Misdiagnosis or failure to diagnose a medical condition is one of the most common medical malpractice claims filed. It is defined as the failure of a physician to identify and then appropriately treat a medical condition, either by not identifying a problem at all or by misidentifying a problem as one thing when it is really something else.

Unfortunately, medical misdiagnosis will continue to be a serious concern to the future of our healthcare. The Personal Injury Lawyers at Wagner Reese have been fighting for the victims of medical misdiagnosis since 1997. If you have a claim, we have the expertise and resources to determine a plan of legal action, investigate your medical malpractice case and fight for your recovery.


This malpractice case was settled with the hospital with additional excess damages paid by the Indiana Patients’ Compensation Fund

The claim was against a local OBGYN for failure to call a timely c-section for a fetus.

Malpractice settlement against a lab for mix-up of biopsy test results case settled one month before trial.

There can be several reasons a medical physician might fail to diagnose or misdiagnose a condition:

  • Delayed referral of a patient to a specialist
  • Test results misinterpreted
  • Failing to act on a patient’s complaints appropriately
  • Conducting a physical examination improperly
  • Misdiagnosing a tumor as benign
  • Failing to recognize potential indications of a problem
  • Not ordering appropriate tests when indicated
  • Failing to provide adequate follow-up care, including following up on test results or ordering additional tests
  • Lack of informed consent
  • Medical records mistakes


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With continued advances in medical care and technology, you may consider misdiagnosis to be a rare occurrence, yet misdiagnosis continues to plague modern medicine. Doctors, nurses, and other medical professionals dedicate their lives to caring for patients, but the faith instilled in our doctors to care for us during times of sickness and injury can be shaken when doctors fail to properly treat or diagnose patients in their care. Failing to perform to professional standards can result in severe health consequences for patients, including continued illness or injury or even the death of a loved one, and you may be entitled to monetary compensation for the losses you have experienced.

Misdiagnosis can later result in medical malpractice claims include the following:

  • Cancers (particularly breast, colon, prostate, lung, or skin)
  • Cerebral Palsy
  • Meningitis
  • Stroke
  • Group B Strep
  • Shoulder Dystocia
  • Erb’s Palsy
  • Paralysis
  • Wrongful Death

A Note about Recovery Limits

Some states, including Indiana, have imposed laws that cap or limit the maximum amount of money an individual can recover in a medical malpractice suit. When you meet with us to discuss your medical malpractice claim, we will discuss current laws and limitations. Currently, the maximum amount recoverable from a qualified medical provider in Indiana is 1.25 million dollars.

About the Lawyers

Stephen Wagner and Jason Reese can handle your failure to diagnose or medical misdiagnosis malpractice claim with years of experience and proven results. Call the law firm of Wagner Reese today 888-710-9377 for your FREE consultation!

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