• Types of Surgical Errors: Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose During Surgery

    Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose During Surgery: Is it Medical Malpractice?

    Have you or a loved one suffered at the hands of a misdiagnosis, delayed diagnosis, or failure to diagnose during surgery? Unfortunately, this is all too common. Research indicates that “In the United States, 12 million people are affected by medical diagnostic errors each year” and “an estimated 40,000 to 80,000 people die annually from complications from these misdiagnoses.”

    Think this applies to you? There’s no need to wait if you or a loved one has endured an incorrect diagnosis during surgery.

    Types of Incorrect Diagnosis During Surgery

    There are several ways in which misdiagnosis during surgery occurs.

    Failure to Diagnose: In this instance, physicians do not notice the condition. For example, perhaps they are operating for back trouble but fail to see a tumor next to the spine during the surgery. Whether this was directly causing the pain and they simply missed it or should have been caught by a careful surgeon, the failure to diagnose is real.

    Misdiagnosis: Misdiagnosis Occurs when a doctor incorrectly labels your condition. This changes treatment plans, timelines, and expected symptoms. It can be confusing, painful, and potentially deadly for the patient.

    Delayed Diagnosis: Some conditions need immediate treatment. For instance, the chances of surviving cancer are much higher when it is caught early. If a surgeon could or should have seen it according to a reasonable standard of care and did not, there’s a good chance it counts as a delayed diagnosis.

    When any of the above occurs, it has real implications for longevity, comfort, and quality of life.

    Common Misdiagnosis Conditions

    Various incorrect diagnoses can occur in almost any health condition or surgery type. However, the most common include:

    • Infections
    • Cancer
    • Strokes
    • Blood clots
    • Embolisms
    • Heart attacks
    • Aneurisms

    You might have a medical malpractice case if you or your loved one suffered from any of these conditions when you went into surgery and the physician did not catch or treat it.

    • We have years of experience handling complex personal injury cases, and look forward to helping you with yours.

    Get the Help You Need From The Nail Law Firm

    Some people feel guilty pursuing medical malpractice cases – for surgical errors or otherwise – because they know doctors work hard to do their best. However, that statement doesn’t apply to all doctors. More importantly, it doesn’t mean you didn’t suffer real and measurable harm.

    If you did, you deserve compensation for what you’ve been through. Whether that means lost time at work, lessened quality of life, financial problems due to medical bills, extended hospital stays, or severe pain, you have the right to protect yourself if you’ve been wronged. That’s where a good attorney can help.

    As stated above, medical malpractice isn’t easy to prove. A lawyer can help you decide if you have a case, comb through the evidence, and build the best possible suit. Plus, it’s a time-consuming and emotionally draining process, so you need someone on your side to guide you through it.

    Ready to get the help you need? Get in touch with The Nail Law Firm today for a free consultation by calling (816) 251-1001 or sending us an email. It’s time to move on with the rest of your life, so let us help.


    With a contingent-fee agreement, your attorney does not charge a direct, hourly rate or require a set retainer fee. Instead, the attorney receives a percentage of the settlement or verdict as payment. This arrangement allows many injured persons to bring lawsuits that they would otherwise be unable to afford.

    Our main office is located at 201 W 47th Street in Kansas City, Missouri. We're on the 2nd floor of the building on the Southeast corner of 47th and Wyandotte on the Country Club Plaza. Both street and garage parking are available.

    It’s a good question. However, there is no one-size-fits-all answer to the question when to file a personal injury lawsuit. To put it one way, anytime you have suffered injuries due to someone else’s negligence and you are at risk of not receiving adequate compensation, it is likely you will need to sue in order to be properly compensated.
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