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medical malpractice lawyers

If you or a loved one were misdiagnosed, you’ve come to the right place.

  • We have more than 25 years of experience helping medical malpractice victims file their personal injury claims.
  • This Is What We Do. Every single day, we handle Pennsylvania malpractice cases. We have the knowledge and experience to get you the best results possible.
  • We help get your life back on track quickly while you focus on getting better.
  • We go the extra mile for you, including working with insurance companies, to make sure your bills are paid on time.
  • We care because we know from experience what it’s like trying to live after being a victim of medical malpractice. We treat every client the way we would expect to be treated.
  • Our NO FEE PROMISE means you pay nothing until we win money for you.

Call us now and let us help with a free consultation!


You trust your doctor to find out what’s making you sick and determine the best way to make you feel better. But at a modern hospital, your care doesn’t always come first. Too often, these large corporations care more about efficiency and profit than they do your well-being. This focus on the bottom line can lead to packed waiting rooms and overworked doctors. Instead of giving you the attention you need, your hospital tells your doctor to see as many patients as quickly as they can.

Doctor comforts her patient

This rush to finish your exam makes it more likely your doctor will make a mistake. Negligent physicians might miss a symptom of a potentially life-threatening illness or confuse what caused that symptom. Their mistake can change your life forever.

If your doctor missed something serious or gave you the wrong diagnosis, you’re not alone. Every year, doctors fail to give millions of patients the correct diagnosis. For many, this leads to painful, potentially fatal complications. If your doctor missed a critical diagnosis, you are a victim of medical malpractice. You have rights. Call us today and let us review your claim. We hold negligent hospitals responsible.

Why Are People Suing?

Misdiagnosis isn’t something you can take lightly. The wrong diagnosis means expensive but ineffective treatments. You might even undergo dangerous procedures until doctors finally discover the true condition. Then, you have to go through treatment all over again. Not only is this expensive, but it’s also potentially dangerous.

Worried hospital patient

Missing a diagnosis means you can go months, or years, without receiving proper treatment. During this time, the disease or condition gets worse. At best, this means years of unnecessary pain and suffering. At worst, a missed diagnosis of a serious condition such as cancer could mean that a treatable condition becomes fatal.

Misdiagnosis and missed diagnosis are both forms of medical malpractice. Your doctor had the responsibility to diagnose and treat you properly. This physician’s mistake cost you your health, time, and energy. A malpractice claim holds doctors accountable for their actions and gives you the resources you need to get your life back on track.

12 Million Americans Are Misdiagnosed Each Year

Misdiagnosis isn’t limited to the hospital setting. According to a study in the journal BMJ Quality & Safety, more than 12 million Americans get the wrong diagnosis. This means 5 percent of all patients receive the wrong diagnosis or have a critical diagnosis missed. While these errors often occur in hospitals, they’re also common in outpatient clinics and doctor offices. A 5 percent error rate might be acceptable in some professions, but not when you’re talking about human lives.

Doctor reviewing x-ray with cancer patient

Half of all missed or misdiagnosis cases have the potential to cause severe harm. Due to mistakes made by medical professionals, more than six million people are at risk. Their life-threatening or life-changing conditions, like yours, were preventable.

Why are so many lives needlessly put at risk? The report cited overcrowded waiting rooms as one of the leading causes of misdiagnosis. Physicians are in a hurry to make a diagnosis and treat the patient. They’ll forget to ask important questions, only skim through medical history, and not take the time to listen to the patient. Rushing into a diagnosis means they’re more likely to miss or ignore signs of bigger problems. As a result, there are millions of patients who, like you, are suffering unnecessarily.

Misdiagnosis and Missed Diagnosis Increase Costs and Suffering

When the doctor failed to diagnose your condition, you paid dearly for it. Not only did you receive the treatment you didn’t need, but you didn’t receive the treatment you needed. What could’ve been a routine procedure is now more complicated and dangerous?

Misdiagnosis carries a financial toll in addition to the consequences it takes on your health. First, you’re paying for care you don’t need, and when doctors finally diagnose you properly, you’re expected to pay for that, too.

At Console and Associates, we see this far too often. Pennsylvania protects your rights as a victim of malpractice, but most patients don’t know this. You put your faith in your doctor, and this trusted professional let you down. When we represent you, we hold the people that failed you responsible.

Misdiagnosis Vs Missed Diagnosis

While they sound similar and are both examples of malpractice, misdiagnosis and missed diagnosis are not the same. Knowing the difference between them is important when you file a malpractice claim. Our attorneys understand Pennsylvania’s malpractice laws and how to apply them to each situation. If you’re unsure whether you’re a victim of misdiagnosis or a missed diagnosis, call us.

Doctor talking with patientA misdiagnosis occurs when the doctor tells you your symptoms are from a condition you don’t have. This wrong diagnosis can have serious consequences. If your doctor says you have pneumonia, but your condition is actually something else, the true cause of your symptoms has time to spread and worsen before you get the treatment you need. You pay more for treatment, and it takes you longer to get better. Until doctors diagnose you correctly, your time, money, and wellbeing go to waste.

When a doctor fails to diagnose something they should, this is a missed diagnosis. Instead of giving you the wrong treatment, you don’t get any treatment at all. You might not be wasting money, but your life could be at risk. Many conditions, including cancer, are much easier to treat when caught early. If your doctor doesn’t diagnose you promptly, a treatable condition could turn fatal.

How Much Can I Get?

Settlements vary depending on the severity of the case, actions of the hospital staff, and decisions made by the jury. There’s no way to predict what your case is worth because many jurors are subjective when deciding a case. However, we can review what factors contribute to your case and look at past cases in Pennsylvania and around the country to get an idea for past precedents. We will do our best to estimate what your case is worth so you can move forward with the claims process.

What Makes Up a Misdiagnosis Claim?

When jurors review a malpractice claim, they take into consideration the past and future costs to the patient. They may award more based on future expenses and suffering or focus on the expenses caused by the hospital. A few of the factors most juries take into consideration include:

  • Past Medical Bills: If you paid for treatment you didn’t need, we will l make sure you are compensated.
  • Future Medical Care: Recovering from a missed diagnosis or misdiagnosis takes time, energy, and money. We can’t make your symptoms go away, but we’ll make sure you don’t have to pay for further treatment.
  • Past Lost Wages: Any income you or your family lost as a result of your medical care is part of the settlement.
  • Future Lost Wages: Some patients are unable to work because of their misdiagnosis. If you are unable to continue at your current job (or hold any job), we will add this to your settlement.
  • Pain and Suffering: Your claim will take into account any trauma that you experienced as a result of your misdiagnosis.
  • Non-Economic Damages: These damages include a variety of factors that compensate for changes in your quality of life, such as changes in the relationship with your spouse, inability to enjoy hobbies and other activities, and other lifestyle factors.

Nothing can make up for what you lost due to medical malpractice. But we can hold the people responsible accountable, and PA law is clear: If a doctor failed to adhere to the standard of care you expected, you deserve compensation.

Disclaimer: Results may vary depending on your particular facts and legal circumstances.

$29 Million Missouri Missed diagnosis

A woman in Missouri went to a hospital in 2012 with symptoms including insomnia, fatigue, tremors, balance issues, and panic attacks. The doctors said she suffered from anxiety and refused to perform additional tests on the patient. Months later, after pleading with doctors to take action, the patient received an MRI and learned that she had Wilson,s disease.

When caught early, Wilson,s disease is treatable. Patients are born with it, but symptoms might not arise for several years. Eventually, the disease robs the patient of motor skills, leaving them unable to care for themselves. Because of the missed diagnosis, this once-healthy college student and athlete suffers now from severe brain damage and has to eat through a tube. Her’s life changed forever because doctors refused to do a few tests.

The patient took the hospital to court, and a jury awarded her $28,911,000 after a nine-day trial. A few of the expenses this settlement will cover include:

  • $511,000 for past economic damages, including past medical damages
  • $1 million for past non-economic damages
  • $21 million for future medical damages
  • $3.2 million for future economic damages excluding future medical damages
  • $3.2 million for future non-economic damages.

The patient will need treatment and care throughout her life because of the missed diagnosis, and the settlement makes sure she will get.

$28 Million For Maryland Misdiagnosis

A 47-year old man went to the hospital complaining of abdominal pain. The patient was healthy and fit, with a medical history of Crohn’s disease. The doctors diagnosed the symptoms as an exacerbation of the Crohn’s disease and never considered other options. The patient actually had an ulcer, which later perforated and led to extensive hospitalization.

As a result of the misdiagnosis, the patient had to undergo more than a dozen surgeries and nearly three years of hospitalizations. Today, the patient is unable to care for himself, suffers from the short-bowel syndrome, is wheelchair-bound, and receives nutrition through a central line.

After a three-week trial, the jury awarded $28 million to the patient because doctors deviated from the expected standard of care and were negligent in treating the patient,s symptoms. This settlement covers costs including:

  • $14 million for future medical and life care expenses
  • $8 million for non-economic damages
  • $5 million in damages to Stern’s marital relationship
  • $1 million in past medical expenses

Not only does this settlement cover past expenses and future patient care — as the patient will need a full-time nurse for the rest of his life — it also covers the pain and suffering the patient endures because of the doctor,s malpractice. His relationship with his wife will never be the same, and his quality of life and health continues to suffer.

Tell Us How Your Misdiagnosis Affected You

When you talk to the misdiagnosis lawyers at Console and Associates, don’t just tell us about your medical bills and post-treatment expenses. We want to know how the hospital,s negligence affected you personally. You are more than your medical chart and bank account. Your stress, fears, and concerns matter.

These sample cases show how bad medical care impacts daily life. Had the medical staff intervened when they should have, these patients might still be walking, working, and enjoying life today.
Tell us how your case has affected you so we can make sure you receive full compensation for your lifestyle changes and emotional trauma.


Common Questions About Your Misdiagnosis Lawsuit

Man holding FAQ paper

When clients first call our office, they may be nervous about talking to a lawyer. Between their care and medical bills, they feel powerless and unsure of what to do next. They don’t even know if talking to an attorney is the right choice. (It is.)

We understand where you and other malpractice victims are coming from. We know how difficult this time is for you, so we do everything we can to make speaking to us as easy as possible. Our goal is to create a welcoming environment for you to get answers to your questions.

In the course of helping more than 5,000 clients favorably resolve their claims, we have heard certain questions more often than others. You’ll find answers to those below. If you don’t see the question you want to ask, pick up the phone and give us a call. We’re happy to help you understand PA’s legal process better so that you know your options for pursuing justice.

How Long Do I Have to File a Claim?

In the state of Pennsylvania, there is a two-year statute of limitations on medical malpractice claims. Thinks of this statute as a countdown clock, when it starts depends on when you discovered malpractice occurred.

This phrasing is important. With a misdiagnosis, you often don’t know that anything was wrong until you learn what your actual condition is. Despite the malpractice occurring months or years in the past, you didn’t find out about it until recently. There are other details about your case that could make your statute of limitations much longer or shorter, which is why you should contact us as soon as possible.

There is no minimum amount of time you have to wait before speaking to a lawyer. When you call us, we’ll let you know if your claim falls within the statute of limitations and what your options are.

Is my lawsuit valid if I signed a consent form?

Many patients believe they can’t file a claim because they signed a consent form for a procedure or treatment. However, this is not true. You agreed to let the doctor provide the best treatment possible for your case, not to deviate from the expected standard of care.

This also applies to misdiagnosis and missed diagnosis claims. You did not consent to let the doctor fail to diagnose you, so you still have a case.

Should I Hire an Attorney If I Already Have a Settlement Offer?

Yes. The goal of hospitals and insurance companies is to offer you the least amount of money possible. They don’t want you to file a claim and take them to court. They hope that you’ll see their offer as fair, even though it almost certainly isn’t. What their medical team did to you was negligence, and now they’re trying to save money by not giving you the justice you deserve. Call us.

We will work to develop a full claim and file a suit for the right amount for your needs. We’ll get you every penny you deserve.

Will My Case Go to Court?

Every case is different, and there,s no way to predict how your particular case will play out. First, we will work with the doctor or hospital,s attorneys to try to reach a settlement amount, so that you can get your money sooner and with less hassle. If we cannot reach an agreement, we will move to bring the parties to court. From there, a judge or jury will review your case and determine the appropriate settlement amount.

How Long Will It Take to Settle My Case?

This is one of the most common questions our clients ask. They have bills and upcoming expenses that they need to cover. Their misdiagnosis could be keeping them from work, adding to the financial burden.

There,s no way to determine exactly how long your case will take. But as a general rule of thumb, the more complicated a case is, the longer it will take. Cases that do go to trial also take longer than ones that settle out of court.

Your case could take anywhere from months to years to settle. We will do their best to provide an estimated window, but we cannot promise that we will wrap it up in a set time frame. What we can promise is that

What Do I Need to Do to Have a Successful Claim?

Getting the settlement you deserve in a medical malpractice case isn’t easy. The burden of proof is on the patient, and there are multiple factors that we need to consider to bring the case to court. A few criteria you need to prove in your case include:

  • Your healthcare provider actually made an error in the care they provided.
  • Their errors actively made your injuries worse or prevented any chance at a full recovery.
  • You have suffered significant damages because of their actions.

Without one of these criteria, you do not have a case against the doctor or hospital staff that treated you. This why we work closely with all of our clients to get as much detail as possible. We want to make sure our case is a success from the moment we file it.

Why Should I Work With Console and Associates?

The attorneys at Console and Associates have more than 20 years of experience in Pennsylvania law. You will work with an attorney who works on medical malpractice cases — and misdiagnosis cases, in particular — on a daily basis. This gives you an advantage over hiring general attornies or working with someone who isn’t used to navigating the complex field of medical malpractice.

How Much Will My Lawsuit Cost?

Many clients approach us with concerns about the cost of an attorney. They know the hospital wronged them, but they’re not sure they can afford exorbitant hourly rates and fees. We want you to receive the compensation you deserve, which is why Console & Associates P.C. offers customers a No Free Promise.

With our No Fee Promise, you don’t pay anything unless you win your case. You can use our services as much as you need until your case is complete. When we say no fees, we mean it:

  • All our consultations are free and comprehensive. We will work with you as much as you need.
  • We advance all costs associated with your case, including court fees.
  • You never have to pay hourly fees, and only pay us if the case ends in your favor.
  • We can help you negotiate down your medical bills to a reasonable payment plan.

Pursuing a medical malpractice claim is expensive. The costs of hiring medical experts whose opinions can support your claim can reach thousands of dollars. With our firm working on your claim, that burden isn’t on you. We find the medical experts who are qualified to review your situation and advance the costs — and if we don’t succeed in getting you compensation, you’ll never have to pay us back. Our team genuinely cares about you, and about getting you the money and the justice that you deserve.

Know Your Options and Discuss Your Case Today

Lawyer holding lawsuit paperwork

If you have suffered due to negligent treatment by the hospital or medical staff, contact Console & Associates P.C. today. We offer free consultations, so you don’t have to worry about paying just to talk to an attorney. We can set up a call when you are available or arrange to meet in person if that makes you feel more comfortable.

You shouldn’t feel intimidated by medical terms or the legal process. If you received the wrong diagnosis or weren’t diagnosed until it was too late, then you need an advocate to fight for your rights. We are here to help you and get the compensation you need to cover your future expenses and pay for existing bills that overwhelm you. By taking the first step today, you can start the process to put this traumatic medical experience behind you.

The Different Types of Misdiagnosis

There is a significant difference between a misdiagnosis and a missed diagnosis, which confuses many of our clients at first. Additionally, there are other types of misdiagnosis that our clients experience. If you think you were the victim of a misdiagnosis, but aren’t sure if your case fits these parameters, keep reading to learn about the different types of misdiagnosis out there. You may find that your case fits in one of these subcategories.

Wrong Diagnosis or Misdiagnosis

Misdiagnosis is often called a wrong diagnosis and occurs when a doctor or medical professional look at your symptoms and comes to the wrong conclusion. For example, a doctor might brush off your symptom as a less serious problem, when, in fact, you actually have a serious condition like cancer.

Not only does a wrong diagnosis harm patients because it delays treatment for the actual problem; it also increases their expenses and risks because they pay for and undergo treatment for something they do not need.

Missed Diagnosis

If a doctor gives you a clean bill of health when something is actually wrong, then you suffered a missed diagnosis. This often occurs with patients that present symptoms related to anxiety or panic attacks. The medical staff might write off the symptoms as mental reactions to stress when the patient could actually have a serious heart or nervous system problem.

Delayed Diagnosis

In a delayed diagnosis, the doctor eventually makes the correct diagnosis, but the patient still suffers harm in the time it takes the physician to get it right. During the wait, the patient,s symptoms often get worse, and they may have a harder time recovering because of the late treatment. Delayed diagnosis is common in hospital infections like sepsis, where doctors might not notice symptoms or identify them until they are life-threatening.

Failure to Recognize Complications

When a doctor or medical professional fails to recognize complications, they make the correct diagnosis, but don’t catch any complications that arise with the patient. For example, a patient might have a condition that makes them more prone to infection, turning a routine procedure into a life-threatening experience. This negligence occurs when doctors fail to thoroughly read patient charts and understand their history, though it’s possible to catch mistakes early with high-quality care.

If the medical staff isn’t aware of these complications or can’t identify them early on, then the patient may need additional procedures and their future health and comfort is at risk. This is often expensive and very painful for the patient.

Failure to Diagnose a Related Problem

While a doctor might diagnose the correct problem, they may miss or ignore symptoms of a related issue. For example, some patients develop pneumonia when they catch other illnesses. If the medical staff only treats one condition but not the other, the results could be deadly.

Failure to Diagnose an Unrelated Problem

A situation involving a failure to diagnose can occur even if the doctor correctly diagnosed one problem but failed to diagnose a different, unrelated problem. For example, a doctor might treat a patient for appendicitis but fail to realize that the patient also has stomach ulcers. Without having a medical background, patients can’t be sure what symptoms relate to each other and what symptoms don’t. They must rely on their doctors to identify both related and unrelated issues.

These cases often arise from emergency room visits. Doctors are so focused on resolving one problem that they do not take the time to check or test other, potentially serious issues.

Treating the Symptom but not the Disease

Occasionally, doctors will identify a problem and assume it is the main issue when it is really a symptom of an underlying problem. For example, a patient might complain of a headache, and the doctor might prescribe migraine medication. While the medication might make the headaches go away, the doctor did not treat the brain tumor that may have caused the headaches. This type of misdiagnosis is also referred to as failing to diagnose an underlying disease.

Many of these errors are simply the result of negligence. Had the medical staff carefully considered the patient,s condition and offered the care the patient deserved, the risk of developing complications or missing a diagnosis would decrease significantly. Your medical records document the steps your doctor took to diagnose and treat you. Having a medical malpractice lawyer review these records can help you, better understand if you were the victim of misdiagnosis.

If You Suspect Misdiagnosis

If you think the doctors and medical staff have misdiagnosed you or missed diagnosis, seek a second or third medical opinion. One doctor might come to one conclusion, but another doctor could see your case in a completely new light — especially if that first doctor,s actions were negligent. Bring all paperwork and test results with you when you see your doctors so that they can understand your treatment history and medical needs. If you are having trouble getting the help you need or if the treatments you’re undergoing now could have been avoided with a prompt and accurate diagnosis, it’s time to get a medical malpractice attorney involved.

Call us now for a free consultation!


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