Failure to Diagnose Serious Medical Conditions

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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. To contact a medical malpractice lawyer for a free case evaluation, please complete our free case evaluation form above.

Our attorneys handle matters primarily in Minnesota, Iowa, North Dakota, South Dakota, and Wisconsin.  

Selected Case Results*

Settlement Case Name Date Description Attorney
$4 million Patient v. Doctor and Clinic March, 2010 Failure to properly treat status epilepticus and whether non-convulsive status epilepticus ("NCSE") and whether NCSE can lead to permanent cognitive impairment.
$1,920,000 D.B. vs. Dr. P. Sept. 22, 2010 Over $1.9 million for failure to timely diagnose and treat a postoperative complication in 53-year-old man. Peter Schmit
$410,000 C.P. as Trustee for D.P. March, 2010 $410,000 pre-suit for failure to timely diagnose postoperative bleeding leads to death.
Peter Schmit
$2,500,000 Confidential 2008 $2,500,000 for failure to diagnose and treat post-surgical patient for post-gastric reduction surgery neuropathy.
$800,000 plus JR, a Minor v. Doctor Jan. 2, 2009 $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.
Peter Schmit
$4,000,000.00 K.H. v. Dr. M. and Radiology Group May, 2005 Negligent failure to appropriately interpret CAT Scan (CT) results in permanent disabling, neurological injuries in a 50-year old wife, mother and grandmother. John F. Eisberg
$1,278,000 Teenage Female v. Hospital and Clinic July, 2007 Failure to diagnose mononucleosis (EVB) results in unnecessary surgery and death of a 15- year-old girl. John F. Eisberg
$2,000,000 (policy limits) Jane Doe vs. Surgeon and Surgical Group July, 2006 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. John F. Eisberg
$2,618,000 M. P. individually, and as guardian for his wife L.P., and their son, K.P vs. Hospital/Docs Fall, 2005 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. John F. Eisberg
$1,400,000 K.D. v. Dr. M. January, 2007 Failure to timely diagnose colonic changes leads to metastatic colon cancer and death in Wisconsin farmer. Peter Schmit
$2,000,000 (policy limits) M.E. v. Internist May, 2007 Failure to diagnose and treat idiopathic cardiomyopathy (deterioration of the cardiac muscle of the heart wall) results in heart transplant. John F. Eisberg
$1,700,000 K. vs. Pediatrician and Others Winter, 2005 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.
$1,200,000.00 Patient & Husband vs. Doctor / Radiologist / Group February, 2005 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.
$925,000 Patient v. Orthopedic Surgeon and Hospital December, 2007 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. John F. Eisberg
$450,000 J.F. on behalf of the next-of kin of G.F., deceased v. Hospital / Doctors July, 2005 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.

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

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