Did a missed or delayed diagnosis in Stonecrest, GA cause you harm?
At Moriarty Medical Malpractice Lawyers, we provide free case reviews with a failure to diagnose lawyer who handles serious-injury matters.
If a test result, scan, or referral in Stonecrest was mishandled and your diagnosis came too late, we can trace each step of your workup, identify where the follow-up failed, and pursue compensation for the added harm. Moriarty Medical Malpractice Lawyers takes on diagnostic error claims throughout DeKalb County, including Stonecrest.
Our Stonecrest, GA failure to diagnose lawyer has obtained two of the ten largest malpractice verdicts in Georgia history. Contact us to request a review of your diagnostic records.
Failure to Diagnose Lawyer Stonecrest, GA
A failure to diagnose claim addresses harm caused when a provider does not identify a condition in time. That failure can occur because a test was never ordered, a result was never reviewed, or a finding was never communicated to the patient. The National Academies report cites a conservative estimate that 5 percent of U.S. adults who seek outpatient care each year experience a diagnostic error.
In DeKalb County, 58.9 percent of colorectal cancers in adults 50 and older were diagnosed at a late stage from 2018 to 2022, according to NCI cancer profiles. A Stonecrest failure to diagnose attorney examines whether timely screening or follow-up testing would have found a cancer at an earlier stage.
Types of Failure to Diagnose Cases We Handle in Stonecrest
Diagnostic failures can trace back to a breakdown between the order for a test and the conversation about its results. As failure to diagnose lawyers in Stonecrest, we handle claims involving each point in that process.
- Unreported test results. A lab value or imaging finding that no one reviews or relays to the patient can leave a serious condition untreated for months. We identify who received the result and what the practice’s follow-up procedure required.
- Screening that was never ordered. Colorectal, breast, and cervical cancer screening follow published age-based recommendations, including the federal colorectal screening guidance for adults ages 45 to 75. A provider who does not offer recommended screening may be responsible when a cancer is later found at an advanced stage.
- Misread imaging. Radiologists can miss a mass, fracture, or bleed on an X-ray, CT scan, or MRI. We have the original images reviewed, not only the written report.
- Pathology and biopsy errors. Mislabeled specimens, misread slides, and delayed pathology reports can lead to a missed or incorrect cancer diagnosis.
- Failed specialist referrals. A referral that is never scheduled, or a specialist’s report that never reaches the primary physician, can stall a diagnosis.
- Incidental findings left unaddressed. A scan ordered for one problem sometimes reveals another, such as a lung nodule. When the radiology report recommends follow-up imaging, the question is whether anyone acted on it.
- Emergency room malpractice. Emergency physicians who discharge patients with chest pain, shortness of breath, or neurological symptoms must first rule out life-threatening causes.
- Birth injuries. Missed signs of preeclampsia, gestational diabetes, or fetal growth problems during prenatal visits can lead to injuries at delivery.
- Dental and oral infections. Dentists must recognize spreading infections after extractions and root canals, including infections that can move into the neck and airway.
Why Choose Moriarty Medical Malpractice Lawyers as My Failure to Diagnose Lawyer in Stonecrest, GA?
Independent Physician Review of the Diagnostic Workup
Diagnostic claims depend on medical judgment. For that reason, we have physicians in the relevant specialty, such as radiology, pathology, or emergency medicine, review each step of the workup. Their review shows which results were available, who was responsible for acting on them, and when a diagnosis should have been made. Where a practice’s result-tracking system is at issue, we seek the system data showing when each result arrived and who opened it. Daniel J. Moriarty then uses those findings to build the claim for negotiation or trial. His education includes an honors undergraduate degree from Notre Dame and legal training at Texas Law. Every client who hires a medical malpractice lawyer in Stonecrest, GA from our firm receives this review before a claim is filed.
Results in Georgia Medical Malpractice Litigation
More than $200 million has been recovered for our clients since 2019 in medical and dental malpractice cases. Several of those recoveries came in claims that required detailed medical proof of what a provider should have done differently.
- Medical malpractice jury verdict of $30 million
- $16.8 million in compensation for a medical malpractice claim
- $9 million in a negligence claim against a medical provider
These figures reflect the specific facts of past cases and do not guarantee a similar outcome in any future matter. Each new claim is evaluated on its own records, injuries, and evidence.
What Is Important to Understand About a Failure to Diagnose Case?
What Are Important Aspects of a Failure to Diagnose Case?
A delayed diagnosis becomes a malpractice claim when the evidence shows both a missed opportunity and a worse outcome because of it. Records from each provider involved supply the proof of both.
- The date each test result became available and the name of the person who received it
- Office procedures for tracking results and contacting patients, including how unaddressed test results were handled
- Discharge records when a condition such as a missed pulmonary embolism was attributed to a less serious cause
- Staging information that shows how far a cancer progressed during the delay
- Dental records when an infection such as Ludwig’s angina was not recognized
- Postoperative notes showing whether signs of sepsis after surgery were addressed
Georgia providers report newly diagnosed cancers to the Georgia cancer registry. In an individual case, the treating facility’s pathology records document the stage at diagnosis.
Damages, Liability, and Compensation for Failure to Diagnose Cases
A patient harmed by a delayed diagnosis may recover the medical costs, lost earnings, and physical and emotional harm that the delay caused. Where an earlier diagnosis would have allowed simpler care, the claim can include the cost of the more extensive treatment that became necessary, such as chemotherapy or additional surgery. When a delay shortens a patient’s life, the family may have claims of its own.
Defendants sometimes argue that a patient shares responsibility for a delay. Under O.C.G.A. § 51-12-33, any damages are reduced by the patient’s percentage of fault. Recovery is barred entirely if the patient’s share reaches 50 percent. When a provider says a patient skipped a recommended test, the record of how that recommendation was explained and scheduled becomes central evidence.
What Is the Failure to Diagnose Case Timeline?
The two-year filing deadline in O.C.G.A. § 9-3-71 is measured from the date of injury. The same statute sets a separate five-year limit from the date of the negligent act or omission, regardless of when the missed condition is discovered.
- Records: We request records from the primary care office, the imaging center, the laboratory, and any specialist involved.
- Review: Our Stonecrest, GA failure to diagnose attorney has the chart examined to pinpoint when a diagnosis should have been made.
- Filing: We draft and file the complaint once the review supports it. In DeKalb County, civil cases can be heard in the DeKalb County Superior Court, which is part of the DeKalb Judicial Circuit.
- Discovery: Depositions of the ordering physician, the radiologist or pathologist, and the office staff responsible for tracking results.
- Resolution: Settlement discussions, mediation, or trial, depending on how the defendants respond to the evidence.
What Should You Bring to Your Failure to Diagnose Consultation?
Documents that show when tests were ordered and when you learned the results are especially useful.
- Patient portal messages and any letters about test results
- Imaging and lab reports, including those from earlier visits
- Referral paperwork and appointment reminders
- The name of every provider you saw before the correct diagnosis
- Treatment records and bills from after the diagnosis
At the consultation, we will explain what the records suggest about the delay and what a claim would involve.
Reach Out to Moriarty Medical Malpractice Lawyers to Schedule a Consultation
When a missed result or delayed referral has harmed you, our Stonecrest failure to diagnose lawyer can review what happened at no charge. Moriarty Medical Malpractice Lawyers is paid through a contingency fee only if your claim results in compensation. At that meeting, we will also identify the filing deadlines and the records we still need. Contact us to begin the review process.