Failure to Diagnose Serious Medical Conditions

Call us toll free at 1.800.552.7115. 

Our Medical Malpractice lawyers have years of experience handling medical malpractice cases. Our lawyers have appeared on CBS News, Good Morning America (ABC), Dateline NBC and other news programs.  Kathleen Flynn Peterson, Terry WadeChris Messerly and Peter Schmit have been consistently named "Super Lawyers" and "Best Lawyers in America".  Year after year we have been recognized in publications listing top recoveries for people who have suffered serious personal injuries or economic harm from medical negligence.  Read more. 

All of us have at some point relied on and trusted the skills, education, and experience of a physician to diagnose and treat an illness or injury.  Most of the time this trust is well placed.

But occasionally, mistakes are made: a set of symptoms is overlooked, an x- ray is misread, or the physician is too busy to take the time to listen. Incidents like these can result in disastrous delays in treatment. If you believe that you or a loved one has been injured through a failure to properly diagnose or treat an illness or injury, perhaps we can help. Please call our Medical Malpractice lawyers who handle cases involving failure to diagnose serious medical conditions at 1.800.552.7115. You can also send them an e-mail by clicking on this link: contact us.

Selected Case Results

  • Failure to properly treat status epilepticus and whether non-convulsive status epilepticus ("NCSE") and whether NCSE can lead to permanent cognitive impairment.  Read more.

Settlement:

$4 million
Case Name: Patient v. Doctor and Clinic
Date: March, 2010
Attorney:

Kathleen Flynn Peterson

  •  Over $1.9 million for failure to timely diagnose and treat a postoperative complication in 53-year-old man. Read more.

Settlement:

$1,920,000.
Case Name: D.B. vs. Dr. P.
Date: Sept. 22, 2010
Attorney:

Peter Schmit

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • $410,000 pre-suit for failure to timely diagnose postoperative bleeding leads to death. Read more

Settlement:

$410,000
Case Name: C.P. as Trustee for D.P.
Date: April, 2010
 Attorney

Peter Schmit

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”) 

  • $2,500,000 for failure to diagnose and treat post-surgical patient for post-gastric reduction surgery neuropathy.

Settlement:

$2,500,000.
Case Name: Confidential
Date: 2008

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • $800,000. plus for failure to timely remove an umbilical artery catheter in a premature infant leads to acute kidney failure and loss of kidney.  (Read more)

Settlement:

$800,000. plus
Case Name: JR, a Minor v. Doctor
Date: Jan. 2, 2009
Attorneys:

Peter A. Schmit

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Negligent failure to appropriately interpret CAT Scan (CT) results in permanent disabling, neurological injuries in a 50-year old wife, mother and grandmother. (Read more)

Settlement:

$4,000,000.00
Case Name: K.H. v. Dr. M. and Radiology Group
Date: May, 2005
Attorneys:

John F. Eisberg

  • Failure to diagnose mononucleosis (EVB) results in unnecessary surgery and death of a 15- year-old girl. (Read More)

Settlement:

$1,278,000
Case Name: Teenage Female v. Hospital and Clinic
Date: July, 2007
Attorneys:

John F. Eisberg
Kathleen Flynn Peterson

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Failure to diagnose and treat volvulus (twisting of the colon) in a timely manner in 62-year-old woman resulting in colostomy, multiple surgical procedures for ongoing infections and obstructions and permanent and severe disability.

Settlement:

$2,000,000 (policy limits)
Case Name: Jane Doe vs. Surgeon and Surgical Group
Date: July, 2006
Attorneys:

John F. Eisberg

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Failure to diagnose and treat signs and symptoms of peripartum cardiomyopathy (disease of the heart, not related to any other previous heart condition or problem, usually developing within the last month of pregnancy) resulting in pregnant, 33-year-old woman suffering cardiac arrest (heart attack) at defendant hospital during the emergency cesarean section delivery of her first child. (Read More) 
Settlement: $2,618,000
Case Name: M. P. individually, and as guardian for his wife L.P., and their son, K.P vs. Hospital/Docs
Date: Fall, 2005
Attorneys:

Kathleen Flynn Peterson
John F. Eisberg


  • Failure to timely diagnose colonic changes leads to metastatic colon cancer and death in Wisconsin farmer. (Read more)

Settlement:

$1,400,000
Case Name: K.D. v. Dr. M.
Date: January, 2007
Attorneys:

Peter Schmit
Terry Wade

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Failure to diagnose and treat idiopathic cardiomyopathy (deterioration of the cardiac muscle of the heart wall) results in heart transplant. (Read more)

Settlement:

$2,000,000 (policy limits)
Case Name: M.E. v. Internist
Date: May, 2007
Attorneys:

John F. Eisberg

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Failure to diagnose case against a pediatrician for failure to give certain genetic testing when it was ordered and where the infant was born with a severe genetic disorder called Fragile X.  

Settlement:

$1,700,000

Case Name:

K. vs. Pediatrician and Others

Date:

Winter, 2005

Attorneys:

Terry Wade

 

  • Failure to properly diagnose, assess, and treat cerebral aneurysm (the dilation, bulging, or ballooning out of part of the wall of a vein or artery in the brain) resulting in multiple complications of brain hemorrhage, including post-operative cerebral vasospasms (sudden constriction of a blood vessel, causing a reduction in blood flow), causing strokes and left sided paralysis and permanent neurological injuries (Read more)

Settlement:

$1,200,000.00
Case Name: Patient & Husband vs. Doctor / Radiologist / Group
Date: February,  2005
Attorneys:

Kathleen Flynn Peterson


(Excerpts taken with permission from Minnesota Ass'n for Justice's  “Minnesota Case Reports”)

  • Negligent failure to respond to increasing signs of neurovascular compromise in the lower extremity of plaintiff over a sixteen-hour period after surgery for repair of tibial plateau fracture of the right leg.
    (Read More) 
Settlement: $925,000
Case Name: Patient v. Orthopedic Surgeon and Hospital
Date: Dec. 2007
Attorneys:

John F. Eisberg

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Failure to diagnose and treat atherosclerotic heart disease and myocardial infraction (heart attack) resulting in death of 55-year-old man during surgery for severe spinal cord and other injuries.  (Read more)

Settlement:

$450,000
Case Name: J.F. on behalf of the next-of kin of G.F., deceased v. Hospital / Doctors
Date: July,  2005
Attorneys:

Kathleen Flynn Peterson