Were you harmed by a missed or delayed diagnosis in Atlanta, GA?
At Moriarty Medical Malpractice Lawyers, we offer a free consultation with an experienced Atlanta failure to diagnose lawyer.
If a physician, hospital, or dentist in Atlanta missed or delayed your diagnosis, we can obtain your medical records, identify where the evaluation departed from the standard of care, and pursue compensation for the harm the delay caused. We represent patients and families whose serious conditions went unrecognized by the providers responsible for their care.
Our Atlanta, GA failure to diagnose lawyer spent six years defending physicians and hospitals in malpractice cases before he began representing injured patients in 2018. Moriarty Medical Malpractice Lawyers now represents injured patients only. Contact us to arrange a free consultation.
Failure to Diagnose Lawyer Atlanta, GA
A failure to diagnose claim arises when a health care provider does not identify a condition that a reasonably careful provider would have identified under the same circumstances, and the patient is harmed by the delay. Misdiagnosis falls in the same category. There, the provider reaches the wrong conclusion and treats a condition the patient does not have. A federal AHRQ diagnostic error review estimated that 1 in 18 emergency department patients receives an incorrect diagnosis.
Stroke is the fifth leading cause of death in Georgia, and the state lies within the Stroke Belt, where stroke death rates run about 30 percent higher than in the rest of the country. Stroke care depends on fast treatment. An Atlanta failure to diagnose attorney examines whether an emergency department evaluated those symptoms in time.
Types of Failure to Diagnose Cases We Handle in Atlanta
Diagnostic errors occur in emergency departments, primary care offices, imaging centers, and dental practices. Our work as failure to diagnose lawyers in Atlanta starts with the full sequence of care: the symptoms the patient reported, the tests that were ordered or omitted, and how the results were communicated.
- Cancer. Breast, colon, lung, and oral cancers can progress when a mass, an abnormal screening result, or a persistent symptom goes unaddressed. Physicians document that progression using established cancer staging systems. We compare the stage at diagnosis with what the records show at the earlier visit.
- Stroke. Dizziness, slurred speech, and sudden weakness are sometimes attributed to migraine, an inner-ear disorder, or intoxication. When imaging is not ordered promptly, time-sensitive treatment may no longer be available.
- Pulmonary embolism. Chest pain and shortness of breath may be charted as anxiety or a respiratory infection. We examine whether the patient’s risk factors, vital signs, and test results called for further evaluation before discharge.
- Sepsis and systemic infection. Fever, a rapid heart rate, and confusion after surgery or a dental procedure can signal an infection spreading through the body. The timing of antibiotics and of treatment for the infection’s source are central questions in these claims.
- Meningitis. In its early stages, meningitis can resemble a viral illness, with headache, neck stiffness, and fever. We review whether the presentation called for a lumbar puncture or other testing.
- Dental and oral conditions. Dentists are responsible for recognizing infections such as Ludwig’s angina and osteomyelitis, along with lesions that may indicate oral cancer. A missed referral to an oral surgeon or physician allows these conditions to advance.
- Hospital negligence. Diagnostic failures inside hospitals include lab and imaging results that no one reviewed, incomplete handoffs between shifts, and premature discharge. We obtain the hospital’s electronic records, including audit trails, to establish who saw each result and when.
- Birth injuries. Preeclampsia, placental abruption, and fetal distress require timely recognition during pregnancy and labor. When these conditions go undiagnosed, the harm can extend to both mother and child.
Why Choose Moriarty Medical Malpractice Lawyers as My Failure to Diagnose Lawyer in Atlanta, GA?
Defense-Side Experience Applied to Patient Claims
Daniel J. Moriarty defended doctors, nurses, and hospitals in malpractice cases for the first six years of his practice. He has represented injured individuals since 2018. Because of that history, we can anticipate which clinical decisions a hospital will try to justify and identify the ones its own charts contradict. Daniel graduated with honors from the University of Notre Dame and earned his law degree at the University of Texas. He has also led appeals before the Georgia Court of Appeals and the Eleventh Circuit. Patients who retain him as a medical malpractice lawyer in Atlanta, GA have counsel who has handled these cases from both sides.
Georgia Malpractice Verdicts and Settlements
Our firm has recovered over $200 million for clients since 2019. Two of our verdicts rank among the ten largest malpractice verdicts in Georgia history.
- A $50 million verdict in a dental malpractice case
- $30 million, medical malpractice verdict
- A $20 million medical malpractice settlement
- $15.5 million awarded in a medical malpractice case tried to verdict
We handle failure to diagnose claims on a contingency basis. No attorney fees are owed unless we recover compensation.
What Is Important to Understand About a Failure to Diagnose Case?
Damages, Liability, and Compensation for Failure to Diagnose Cases
Under O.C.G.A. § 51-1-27, anyone practicing medicine for compensation must bring a reasonable degree of care and skill to that work. An injury caused by the absence of that care is a basis for recovery. Liability in a diagnostic case rests on two findings. The provider’s evaluation fell below that standard. The delay then caused harm that a timely diagnosis would have prevented or reduced.
Georgia applies modified comparative fault through O.C.G.A. § 51-12-33. An award is reduced by the patient’s own percentage of fault, and a patient found 50 percent or more responsible recovers nothing. Defendants in diagnostic cases sometimes point to missed follow-up appointments under this rule.
Compensation generally falls into two groups:
- Economic damages, such as past and future medical expenses and lost wages or earning capacity. These costs often rise when a delayed cancer diagnosis requires treatment for advanced cancer
- Noneconomic damages for physical pain, emotional distress, and diminished enjoyment of life
Economic losses are documented through bills, pay records, and estimates of future care. Noneconomic losses are proven through testimony from the patient, family members, and treating providers.
What Are Important Aspects of a Failure to Diagnose Case?
A claim requires more than an incorrect diagnosis. The records must show that a reasonably careful provider would have identified the condition and that the delay changed the outcome.
- Whether the provider considered conditions that matched the symptoms, such as a pulmonary embolism or meningitis, before settling on a less serious explanation
- How abnormal lab or imaging findings were handled, since inaction after abnormal results can support a claim even when the right test was ordered
- Whether a remote appointment met the applicable standard, given the limits telehealth visits place on physical examination
- What stage the condition reached during the delay, a question that is central in cases involving a spinal epidural abscess
A civil claim is separate from a complaint to the Georgia medical board, which reviews physician conduct and licensing. The board can discipline a physician, but it does not award compensation to patients.
What Is the Failure to Diagnose Case Timeline?
Under O.C.G.A. § 9-3-71, a medical malpractice action must be filed within two years of the date the injury or death occurred. No action may be filed more than five years after the negligent act or omission itself. In a diagnostic case, the injury date may differ from the date of the visit at which the condition was missed.
- We collect the records from every provider involved, including imaging, lab reports, and the nursing notes that track vital signs in a sepsis case.
- Our Atlanta, GA failure to diagnose attorney arranges for a qualified physician to review the care against the standard that applied at the time.
- We file suit. For Atlanta providers, that may be in the Fulton County Superior Court, though the proper court depends on the parties.
- Both sides exchange documents, depose the treating providers, and retain physician witnesses.
- The case resolves through settlement or mediation, or it proceeds to trial.
Discovery is usually the longest phase. A case that goes to trial can take well over a year from filing.
What Should You Bring to Your Failure to Diagnose Consultation?
Records from before and after the correct diagnosis give us, as your failure to diagnose attorney in Atlanta, the clearest view of the delay. A complete file is not required, since we can request records directly from providers.
- The names of each doctor, hospital, urgent care center, or dental office you visited, with approximate dates
- Discharge papers, test results, and patient portal messages
- Bills and insurance statements for treatment after the diagnosis
- Any letters from the provider or hospital about your care
- A written timeline of your symptoms
During the consultation, we’ll review what happened and explain whether your situation appears to meet the requirements for a claim.
Reach Out to Moriarty Medical Malpractice Lawyers to Schedule a Consultation
When a provider overlooked your condition, our Atlanta failure to diagnose lawyer can review your records at no cost to you. Moriarty Medical Malpractice Lawyers works on a contingency basis, and you pay no attorney fees unless we recover compensation. At the consultation, we will discuss your treatment history, the filing deadlines that apply, and the options available. Contact us to schedule your free consultation.