FIGHTING FOR FAMILIES WHEN THE STAKES ARE HIGHEST

When we’re sick or injured, we visit doctors to access their medical expertise. We expect doctors to be able to provide the treatment we need to get better. Sadly, a negligent doctor may fail a patient from the start by misdiagnosing their condition.

A misdiagnosis is more than a mistake. This error can have severe consequences, including disease, injury, and death. If you or a family member suffered from a health issue and believe an inaccurate diagnosis is the cause, contact Wagner Reese to speak with our Indianapolis misdiagnosis attorneys.

Send us a message or call (888) 204-8440 to speak with our legal team during a no-cost, no-obligation case evaluation.

What Qualifies as a Misdiagnosis?

Misdiagnosis can include incorrect diagnoses, as well as the failure to diagnose a health issue promptly.The following errors can be defined as misdiagnosis:

  • Providing treatment for an ailment a patient does not have
  • Delaying a diagnosis
  • Ignoring a condition completely
  • Overlooking complications
  • Downplaying the severity of an issue

The Responsibility of Medical Professionals

To correctly diagnose a person, medical professionals must ask many questions about how the patient is feeling, their medical history, and any medications they are currently using. In addition to questioning a patient, a doctor may need to conduct tests to confirm or deny their theories, or detect any hidden causes of the ailment. A doctor who fails to complete a thorough investigation of a patient’s symptoms could be liable for any damages that result.

Potential Causes of Misdiagnosis Errors

Medical professionals are supposed to be experts on health. We rely on doctors, nurses, and specialists to advise us on the conditions we may possibly be suffering from, and recommend the most effective treatment. The underlying cause of all misdiagnosis cases is negligence — medical professionals have a responsibility to provide quality care to their patients, and an incorrect diagnosis is a failure to do that.

A doctor may misdiagnose a patient because of inexperience or oversight. It is not uncommon for medical conditions to share symptoms, which can be the cause of a misdiagnosis. Confusing two similar conditions is not a simple mistake — it can truly be a matter of life or death.

It is also possible, in misdiagnosis cases, that another party is liable for the results of inaccurate testing. If a doctor relied on a false test to decide on a diagnosis, the lab or testing equipment manufacturers may be at fault.

The Most Commonly Misdiagnosed Health Issues

Some illnesses and injuries are more frequently misdiagnosed than others. Sadly, many of the issues that are most often diagnosed incorrectly are serious and even life-threatening.

Doctors frequently misdiagnose medical conditions such as:

  • Endometriosis
  • Diabetes
  • Lyme disease
  • Multiple sclerosis
  • Celiac diseases
  • Fibromyalgia
  • Lupus

Issues Caused by Misdiagnosis

A doctor who fails to diagnose a person correctly endangers that patient by not addressing their condition. Furthermore, a patient who is misdiagnosed may develop further issues as a side effect of whatever medication and treatment they do receive. This can lead to a wide variety of additional illnesses and injuries including but not limited to infections, allergic reactions, and death.

How a Misdiagnosis Becomes a Malpractice Case

Not every diagnostic error rises to the level of medical malpractice. For a misdiagnosis claim to succeed under Indiana law, four elements must be established: a doctor-patient relationship existed, the physician deviated from the accepted standard of care, the deviation directly caused harm, and measurable damages resulted. The standard of care is defined by what a reasonably competent physician would have done under the same or similar circumstances, and proving a deviation from it typically requires testimony from a qualified medical consultant.

Indiana’s Medical Malpractice Act also requires claimants to submit their case to a medical review panel before filing a lawsuit in court. This panel, composed of medical professionals, reviews the evidence and issues a non-binding opinion on whether the standard of care was met. While the panel’s opinion can be challenged at trial, correctly navigating this process within the applicable time limits is essential. An attorney familiar with Indiana’s medical malpractice framework can manage this process and ensure your claim is properly positioned from the start.

The True Scope of Diagnostic Errors

Misdiagnosis is far more prevalent than most patients realize. Research published through the Agency for Healthcare Research and Quality found that missed or delayed diagnoses accounted for 21% of malpractice claims analyzed, with the majority of those cases resulting in permanent disability or death. Vascular events, infections, and cancers represent the three categories most frequently linked to serious misdiagnosis-related harm.

The consequences of these errors extend far beyond additional medical treatment. A patient who receives a delayed cancer diagnosis may lose the opportunity for curative surgery. Someone whose stroke goes unrecognized faces a dramatically narrowed window for intervention. In each of these scenarios, the harm caused is directly tied to the physician’s failure to arrive at the correct diagnosis in a timely manner, which is precisely the type of negligence Indiana law is designed to address through failure-to-diagnose claims.

Misdiagnosis and Cancer: A Particularly Dangerous Failure

Cancer misdiagnosis represents one of the most devastating subsets of diagnostic error cases. Many cancers are highly treatable when caught in early stages, and far less so once they have progressed. When a physician fails to order appropriate screenings, dismisses symptoms without investigation, or misreads imaging and lab results, a patient may not learn the truth until the disease has advanced to a point where treatment options are significantly limited.

Some of the cancers most commonly subject to misdiagnosis include breast cancer, lung cancer, colorectal cancer, and melanoma. These cases often involve a physician who attributed warning signs to a less serious condition, failed to follow up on abnormal findings, or did not refer the patient to a consultant when the situation warranted it. Our team works closely with oncology consultants and medical professionals to evaluate these cases thoroughly and identify where the diagnostic process broke down. Patients harmed by a failure to diagnose cancer deserve a full accounting of what went wrong and who bears responsibility.

Stroke Misdiagnosis and Neurological Conditions

Stroke misdiagnosis is among the most time-sensitive and consequential diagnostic failures a patient can experience. The standard of care for stroke response is built around speed, with treatment windows measured in hours. When a physician attributes stroke symptoms such as sudden dizziness, facial drooping, speech difficulty, or one-sided weakness to a less urgent condition like vertigo or anxiety, the delay in treatment can result in permanent neurological damage or death.

Neurological misdiagnosis more broadly encompasses conditions such as multiple sclerosis, brain tumors, meningitis, and spinal cord disorders, all of which share overlapping symptoms that require careful and systematic evaluation to distinguish. A physician who fails to consider the full diagnostic picture, order appropriate imaging, or consult a neurologist when warranted may be held liable for the consequences of that failure. Our attorneys have handled complex stroke misdiagnosis cases and understand the medical and legal standards that govern these claims.

Damages Available in an Indianapolis Misdiagnosis Case

When a misdiagnosis causes serious harm, the financial and personal losses that follow can be extensive. Indiana law allows victims to pursue compensation for both economic and non-economic damages, and in cases of catastrophic injury or death, the full value of a claim can be significant. The damages available depend on the nature of the harm, the extent to which the misdiagnosis affected the patient’s prognosis, and the long-term impact on the patient’s life and earning capacity.

Recoverable damages in a misdiagnosis case may include the costs of additional medical treatment made necessary by the delayed or incorrect diagnosis, lost wages and reduced earning potential, physical pain and suffering, and the emotional toll of facing a more serious illness than would have existed with a timely diagnosis. In cases where the misdiagnosis proves fatal, surviving family members may bring a wrongful death claim to recover funeral costs, the loss of financial support, and other related losses. Every case is different, and a thorough evaluation of the facts is the only way to understand the full value of what may be recovered.

Schedule a Free Case Evaluation

In most medical establishments, diagnosing a patient involves the work of multiple people. This can make it difficult to determine liability in misdiagnosis cases, which is why you need the help of Wagner Reese’s experienced attorneys. We are prepared to fully investigate your medical malpractice case, find who is responsible for your suffering, and build a case to recover compensation for the damages.

To schedule a free consultation with our misdiagnosis lawyers in Indianapolis, complete our contact form or call (888) 204-8440.