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90 Years of Fighting for Maximum Compensation in Pennsylvania
A medical misdiagnosis can lead to serious and sometimes irreversible consequences. Whether a condition is diagnosed too late, misidentified, or completely overlooked, the impact on a patient’s health, finances, and emotional well-being can be devastating. Patients trust healthcare professionals to deliver accurate, timely care, but when that trust is broken due to negligence, the results can be life-altering.
In Western Pennsylvania, victims of diagnostic errors may have the right to pursue legal action. Medical misdiagnosis claims fall under the broader category of medical malpractice and often require the support of skilled Pennsylvania personal injury attorneys who understand both the medical and legal aspects. From misdiagnosed cancer to delayed stroke treatment, these errors can mean the difference between recovery and long-term harm. A PA medical malpractice lawyer can help determine whether a healthcare provider failed to meet the accepted standard of care and whether that failure caused preventable injury.
If you or a loved one has suffered due to a medical misdiagnosis, contact our Western Pennsylvania medical misdiagnosis attorneys at Luxenberg Garbett Kelly & George P.C. Our team has the experience and resources to guide you through your legal options and pursue the compensation you deserve.
Call us today at (724) 658-8535 to schedule your free consultation. At LGKG, we work diligently to help victims of medical misdiagnosis rebuild their lives and secure the justice they deserve.
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Medical misdiagnosis refers to an incorrect, delayed, or missed identification of a patient’s condition. This can lead to serious consequences, especially when timely and accurate treatment is essential. Not all diagnostic errors qualify as malpractice, but understanding the types of misdiagnosis can help determine whether a provider acted negligently.
A misdiagnosis happens when a healthcare provider assigns the wrong condition to a patient. For example, diagnosing a heart attack as indigestion may result in inappropriate treatments and a delay in receiving potentially life-saving care. While honest mistakes may occur, a misdiagnosis may become a legal issue if it stems from failure to follow accepted medical practices, such as ignoring clear symptoms or not ordering necessary tests.
A delayed diagnosis occurs when the correct condition is identified, but not promptly. This delay can allow the illness to progress, reduce available treatment options, or worsen the patient’s outcome. If the delay results from oversight, like misreading a scan, failing to refer a patient to a specialist, or neglecting to act on lab results, it may be grounds for a malpractice claim if it caused measurable harm.
Failure to diagnose is when a provider entirely overlooks an existing condition. This often happens when symptoms are dismissed or attributed to less serious issues without adequate investigation. For instance, a doctor may fail to diagnose cancer despite persistent warning signs. In such cases, if a reasonably competent provider would have ordered tests or taken further action, the oversight may be considered negligent.
It’s important to note that a diagnostic error alone is not always enough to prove malpractice in Pennsylvania. For a valid legal claim, the patient must typically show that:
These claims often require medical records, professional testimony, and detailed evidence to demonstrate that the care provided fell below the accepted standard and led to actual damages.
If you or a loved one has been harmed by a diagnostic error, you may have legal options. Our Western Pennsylvania medical misdiagnosis attorneys at Luxenberg Garbett Kelly & George P.C. can help evaluate your case and protect your rights.
Call (724) 658-8535 today for a free consultation.
I am beyond happy and blessed for my attorneys Gianna & Lawrence Kelly! They handled my case with professionalism and grace!!!! I really appreciate y’all both! I highly recommend…
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In Pennsylvania, not every diagnostic error rises to the level of medical malpractice. To build a valid misdiagnosis claim, it must be shown that the healthcare provider violated the “standard of care.” This term represents the accepted level of care that a similarly trained and competent medical professional would provide under the same or similar circumstances, taking into account the provider’s specialty and regional medical practices, such as those followed in Western Pennsylvania.
Medical standards are not one-size-fits-all. They vary depending on factors like the condition being evaluated, the patient’s symptoms, and the tools or knowledge available to the provider at the time. A misdiagnosis may be considered malpractice only if the provider failed to act as other reasonable professionals in that field would have done. This means not ordering necessary tests, misreading diagnostic results, or ignoring evident symptoms could all represent breaches of this standard.
At Luxenberg Garbett Kelly & George P.C. (LGKG), we work to prove that the care you received fell below this accepted benchmark. Our approach involves showing the distinction between an honest medical error and negligence. For example, if a rare condition presented in an unusual way, it might not be reasonable to expect an immediate diagnosis. However, if a provider ignored obvious warning signs or failed to take appropriate follow-up steps, that may be a clear breach of duty.
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We only work with clients and cases we truly believe in, we take your case because we genuinely believe in both you and your case’s importance.
Diagnostic errors can affect a wide range of medical conditions, but some are more frequently misdiagnosed than others. In hospitals and clinics across Western Pennsylvania, these misdiagnoses can lead to delayed treatment, worsening conditions, or even life-threatening outcomes. Recognizing which conditions are commonly involved may help patients seek timely medical and legal help when something seems wrong.
If you or a loved one has suffered due to the misdiagnosis of a serious medical condition, the team at Luxenberg Garbett Kelly & George P.C. can help you understand your legal options.
Call (724) 658-8535 to speak with experienced Western Pennsylvania medical misdiagnosis attorneys today.
Condition | Details |
---|---|
Cancer (Various Types) | Frequently misdiagnosed cancers include breast, lung, colon, and prostate. Early detection is crucial to avoid disease progression and limited treatment options. |
Cardiovascular Conditions | Heart attacks, strokes, and pulmonary embolisms are often time-sensitive. Delays or errors can result in missed life-saving treatments. |
Serious Infections | Conditions like sepsis or meningitis require immediate treatment. Misdiagnosis can lead to organ failure or death due to overlapping symptoms with less serious illnesses. |
Appendicitis | Mistaken for minor gastrointestinal issues, untreated appendicitis may rupture, causing widespread infection and complications. |
Diabetes | Failure to diagnose or properly manage diabetes can result in vision loss, kidney failure, and nerve damage due to ongoing oversight. |
Attorney Joe George and Attorney Sam Mack Honesty. Integrity. Transparency. Professional. Personable. I experienced this and so much more when working with Attorney George and Att…
Kristina Johnson
I hired Atty Larry Kelly to help me with a workers comp case and let me tell you that he MORE than helped. He knows the law and knew of a precedent set a few years back and was ab…
Donna Zaczyk
I am beyond happy and blessed for my attorneys Gianna & Lawrence Kelly! They handled my case with professionalism and grace!!!! I really appreciate y’all both! I highly recommend…
Charina Johnson
Highly recommended. Gianna Kelly of Luxenberg Garbett Kelly & George P.C.assisted me after I suffered an accident in a retail outlet. The professional and sensible advice was outs…
Regis Rothrauff
Would highly recommend. Attorney Gianna Kelly is super friendly and easy to talk to while at the same time staying professional and keeping me updated on all the processes and upd…
Michelle Delph
Joe George was my attorney after a car accident. I cannot say enough about how much he and his staff took care of my case. He was super friendly, caring and honest. If I ever need…
Susan Luce
I am so happy with my decision to have Luxenberg Garbett Kelly & George handle my case. Both Larry and Gianna were beyond helpful and on top of my case, they answered any question…
Star Blontz
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When a medical misdiagnosis disrupts your health, finances, and peace of mind, the legal path forward can feel daunting. At Luxenberg Garbett Kelly & George P.C., we stand with those whose lives have been affected by preventable medical mistakes. We recognize the pain and uncertainty that follow a misdiagnosis and are committed to providing steady, compassionate support backed by decades of experience.
Since 1933, we’ve served individuals and families across Western Pennsylvania with dedication and integrity. Our deep roots in the region have allowed us to build strong relationships within the community and develop a thorough understanding of the medical and legal systems that impact our clients. We’ve spent generations helping our neighbors hold negligent providers accountable and seek the financial recovery they deserve.
Over the years, we’ve helped secure hundreds of millions of dollars for those harmed through no fault of their own. That record reflects our determination to stand up to large healthcare institutions and insurance companies that may try to deny or minimize responsibility. While many cases can be resolved through negotiation, we are fully prepared to take your case to trial if it’s in your best interest. Our attorneys approach litigation with care and focus, always guided by your goals and the real impact the misdiagnosis has had on your life.
We take time to understand what you’re going through. From the first conversation, we strive to offer not just legal guidance, but reassurance and clarity. Your case is personal, and we treat it that way – keeping you informed, listening to your concerns, and responding with thoughtful counsel every step of the way.
We believe that cost should never be a barrier to justice. That’s why we handle medical malpractice cases on a contingency fee basis. You will not owe any attorney fees unless we recover compensation for you.
If you or a loved one has been affected by a medical misdiagnosis, we’re ready to talk about what comes next. At Luxenberg Garbett Kelly & George P.C., you’ll find a team that’s ready to support you with experience, respect, and genuine care.
A diagnostic error by a healthcare provider can trigger a chain of events that deeply affect the patient and their loved ones. These errors often cause not only physical complications but also emotional and financial hardship. In many cases, the consequences extend beyond the individual misdiagnosed, impacting family dynamics and long-term well-being.
One of the most immediate and severe outcomes of misdiagnosis is physical injury. This can include the unchecked progression of a disease, rendering it more difficult or even impossible to treat. A condition that could have been managed early may advance to a more dangerous stage, requiring more intensive and invasive treatments. Patients may undergo unnecessary surgeries or receive aggressive treatments such as chemotherapy or radiation for an illness they do not actually have. In some cases, the damage can be permanent, resulting in disability, organ failure, or death.
Beyond the physical toll, patients often suffer emotionally. Discovering that a condition was misdiagnosed, especially after enduring unnecessary treatments or missed opportunities for recovery, can lead to anxiety, depression, and feelings of betrayal. Many individuals also report a lasting distrust in medical professionals and a fear of seeking future care, which may further jeopardize their health.
The financial consequences of a diagnostic error can be overwhelming. Victims may incur significant medical expenses related to incorrect treatments and ongoing care for the now-worsened condition. In addition to treatment costs, misdiagnosis can lead to loss of income due to missed work or a complete inability to return to employment. Long-term disability may also reduce earning potential, creating lasting economic strain.
Families often share the burden of a diagnostic mistake. Loved ones may become caregivers, placing emotional and physical strain on relationships. The loss of companionship, stability, and support, especially if the affected person can no longer participate in daily family life, can permanently alter household dynamics and quality of life.
When a misdiagnosis leads to death, the loss is profound and irreversible. In these tragic situations, surviving family members may pursue a wrongful death claim. These claims seek compensation for funeral costs, loss of income and support, and the emotional suffering that results from losing a loved one to preventable medical error.
The consequences of a medical provider’s failure to diagnose accurately are far-reaching, touching nearly every aspect of a patient’s and family’s life. Recognizing the scope of these effects is a vital step in understanding the gravity of misdiagnosis and the importance of holding negligent providers accountable.
When a healthcare provider’s diagnostic error results in harm, Pennsylvania law gives injured patients the right to seek compensation. However, pursuing a medical misdiagnosis claim involves a complicated legal process, with procedural requirements and deadlines that can significantly affect your ability to recover damages.
Under Pennsylvania law, a patient, or the family of a deceased loved one, may bring a medical malpractice lawsuit if a provider’s failure to meet the accepted standard of care in diagnosing a condition directly leads to injury or damages. This legal right exists to hold negligent providers accountable and to help patients recover the financial and emotional losses caused by improper or delayed medical treatment.
A key procedural step in any Pennsylvania medical malpractice case is filing a Certificate of Merit. Required by the Medical Care Availability and Reduction of Error (MCARE) Act, this certificate must be provided by a licensed medical professional who has reviewed the case and concludes that there is a reasonable probability the care provided deviated from accepted medical standards and contributed to the harm suffered.
This certificate must be filed with the lawsuit or within 60 days of filing the initial complaint. Failure to submit this document on time may result in dismissal of the claim. Because the Certificate of Merit requires early involvement of a medical professional, it introduces an added layer of complexity and cost. A qualified medical malpractice attorney can help manage this process, ensuring that the necessary medical review is completed and that appropriate professionals are retained to support the claim.
If your medical misdiagnosis claim is successful, Pennsylvania law allows for recovery of a broad range of damages. These are generally categorized into economic and non-economic damages:
These are direct financial losses related to the misdiagnosis and its consequences, such as:
These address the emotional and personal toll of the misdiagnosis, including:
Importantly, Pennsylvania does not impose a cap on compensatory damages in medical malpractice cases. This means there is no statutory limit to the amount a jury may award for either economic or non-economic losses, making it possible for seriously harmed individuals to pursue full compensation.
If you or someone you love has suffered due to a diagnostic error, contact Luxenberg Garbett Kelly & George P.C. at (724) 658-8535. Our Western Pennsylvania medical misdiagnosis attorneys are ready to help you seek the compensation you deserve.
If you believe you’ve been harmed by a medical misdiagnosis in Pennsylvania, it’s essential to act within the legal time limits to preserve your right to seek compensation. The law imposes a deadline, known as the statute of limitations, for filing a medical malpractice lawsuit.
In most cases, the statute of limitations in Pennsylvania is two years from the date the injury occurred or from when it was reasonably discovered. This means that if the harm caused by a misdiagnosis wasn’t immediately apparent, the two-year period may start later, depending on when you first became aware, or should have become aware of the injury and its possible link to medical negligence.
This legal principle is known as the “discovery rule.” It provides flexibility in cases where a patient could not have reasonably known about the misdiagnosis at the time it happened. For example, if a cancer diagnosis was missed and only discovered years later during a routine screening, the statute may begin at the time of discovery rather than the original misdiagnosis date.
However, determining when the statute begins can be legally complex and often depends on the specific facts of the case, including medical records, communication with providers, and the timing of symptom development or diagnosis.
Because these deadlines are strictly enforced, delays in seeking legal advice can jeopardize your ability to file a claim. If you suspect that you or a loved one suffered harm due to a misdiagnosis, consulting with an attorney as soon as possible is the best way to understand your rights and options.
A medical misdiagnosis can affect every part of your life, from your physical health to your emotional and financial stability. When those consequences are the result of a healthcare provider’s negligence, you have the right to pursue justice through a medical malpractice claim. Understanding your legal rights and the steps involved is the first move toward recovery.
At Luxenberg Garbett Kelly & George P.C., we help individuals and families across Western Pennsylvania hold negligent medical professionals accountable. Our legal team is prepared to investigate your case, consult with qualified medical professionals, and fight for the compensation you need to move forward with confidence.
If you believe a diagnostic error caused you or a loved one harm, don’t wait to explore your options.
Contact our Western Pennsylvania medical misdiagnosis attorneys today at (724) 658-8535 to schedule a free consultation. Let us help you take the next step toward justice and healing.