Victims of Negligence » Medical Malpractice » Failure or Delay in Diagnosis

Failure or Delay in Diagnosis of a Medical Condition or Disease

These cases can involve the failure on the part of doctors or hospital personnel to order necessary tests and evaluate all pertinent medical information in order to correctly identify and diagnose the patient's medical condition. Patients may suffer catastrophic injuries from improper or delayed treatment.

In a recent case, a client was diagnosed with end stage renal disease and received a kidney transplant from her sister. That transplanted kidney failed and the patient nearly died. Because her doctors failed to review a kidney biopsy that revealed a rare disease that could and should have been treated with medicine and not by transplantation, they were legally negligent. The case was settled for $3,700,000.

In another case, a pregnant mother suffered severe nausea and vomiting during her first 17 weeks of pregnancy. Throughout this period, her doctors failed to diagnose her with a severe vitamin deficiency, which resulted in the death of both the mother and the fetus. The case was settled for $4,750,000.

Heart Conditions

These cases involve the failure to recognize and treat symptoms of heart problems, often leading to debilitating heart attacks or death.

In one recent SS&L case, a patient complained of postoperative abdominal pain. The medical personnel overlooked the strong likelihood of cardiac involvement, and instead treated her for an upset stomach. Shortly thereafter, she suffered a heart attack in the hospital, which rendered her brain damaged. The case was settled for $2,500,000.

In another of our cases, a patient was hospitalized for rehabilitation from alcoholism, and suffered chest pains that went untreated. He died in the hospital of a heart attack. At the conclusion of trial, the jury returned a verdict in favor of his surviving spouse for $750,000.

Lung Cancer

Lung cancer can be diagnosed with a biopsy or bronchoscopy at a very early stage. Unfortunately, medical professionals too often rule out lung cancer without performing appropriate diagnostic studies. Consequently, many patients who could have had their lung cancer diagnosed and addressed at an early, nonterminal stage, do not learn of the lung cancer until it is too late for any curative action.

In one recent case, our firm successfully handled the case of a young woman who complained to her doctors that she was short of breath and had a heavy feeling in her chest. The doctors prematurely dismissed the possibility of lung cancer, despite the fact that her chest X-ray revealed the presence of a spot in one of her lungs. By the time the diagnosis was finally made, the lung cancer had spread to the point where it was terminal and the young lady died a tragically early death. This law firm successfully represented her, as it has with other similar victims, and obtained a significant settlement on her family's behalf.

Breast Cancer

Commonly, early warning signs of breast cancer are apparent on mammograms or during clinical examinations, but for a variety of reasons, the doctors involved too often miss these signs. Medical errors in these situations can result in the unnecessary removal of a breast or, more tragically, incurable spread of the cancer.

Spangenberg, Shibley & Liber has successfully represented numerous breast cancer victims. In one recent case, we established that our client's breast removal could have been avoided had the radiologist correctly interpreted her mammogram films, which clearly indicated the presence of cancer before it had spread. The case resulted in a large confidential settlement.

Skin Cancer

Spangenberg, Shibley & Liber has successfully represented many clients with skin cancer, who have presented to their doctors at a time when the cancer could have been diagnosed at an early stage and appropriately treated with relatively minor procedures.

In cases involving melanoma and other forms of skin cancer, our firm has obtained substantial settlements and jury verdicts where the diagnosis was not made in a timely fashion.

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