If you have a persistent feeling that your condition was overlooked, delayed, or improperly diagnosed, those concerns should not be overlooked. In Pennsylvania, healthcare providers are held to a high professional standard, commonly referred to as the standard of care. When a medical professional deviates from that standard, whether due to haste, inattention, or systemic failures, and that deviation causes you harm, it is medical malpractice.
The difficulty is in analyzing the technical evidence to prove that a different, competent doctor in the same situation would have acted differently and achieved a better outcome. This is where a Philadelphia misdiagnosis lawyer steps in. At Wapner Newman, we manage the forensic analysis of medical records to uncover the truth and hold negligent providers accountable.
For an evaluation about your case, call us today at (215) 569-0900. We understand that your health may prevent you from traveling so if you are unable to come to us, we will come to your home or hospital room to discuss your case.
Why Choose Wapner Newman for Your Medical Malpractice Claim?
Founded in 1978 by Morton Wapner and Robert Newman, our firm was built on a core philosophy: injury victims deserve fierce, dedicated representation paired with genuine compassion. For more than four decades, we have stood by this principle, helping families in Philadelphia and across the Delaware Valley secure justice after a life-altering injury.
Accommodating Your Recovery Is Our Priority
Recovering from a serious medical error is physically, emotionally, and financially draining. The last thing you should worry about is how to get to a lawyer’s office.
At Wapner Newman, we eliminate that hassle. If you are unable to come to our offices in Center City, we will come to you. Whether you are at home, in a hospital, or at a rehabilitation facility, our attorneys will meet you where you are to ensure you get the guidance you need without added stress.
A Track Record of Holding Powerful Institutions Accountable
Our history of results shows our commitment and capacity to take on even the largest and most difficult cases. We have the resources and resolve to see a case through to the end.
- We were part of the legal team that secured a historic $227 million settlement for victims of the Market Street building collapse, a landmark case in Pennsylvania legal history.
- We obtained a $45 million verdict for a victim of horrific abuse, demonstrating our dedication to fighting for the most vulnerable.
- Our practice has a long-standing focus on medical malpractice cases, including those involving dental errors, surgical mistakes, and complicated diagnostic failures.
Attorneys Recognized for Their Dedication
Our team includes attorneys like Marc G. Brecher and Julianna Merback Burdo, who focus on handling challenging medical malpractice claims. The lawyers at our firm have been consistently recognized by their peers in publications such as Super Lawyers (since 2004) and Best Lawyers in America.
Risk-Free Representation
We handle all medical malpractice cases on a contingency fee basis. This means there are no upfront costs to you. We advance all expenses required to build your case, from hiring top-tier medical reviewers to paying court filing fees. If we do not secure a financial recovery for you, you owe us nothing.
Our main office is located at 1628 John F Kennedy Blvd, Suite 800, Philadelphia, PA 19103, but again, you do not need to worry about travel. We are here to make the process easier for you.
Understanding Compensation in Misdiagnosis Cases
While no amount of money can restore lost health, the goal of compensation is to provide financial security for the future that was taken from you. In Pennsylvania, this is broken down into several categories of damages.
Economic Damages
These are the tangible, calculable financial losses caused by the misdiagnosis. They include:
- Past and Future Medical Bills: This covers not only the treatment you have already received but also the costs of corrective surgeries, ongoing therapies, medications, and palliative care required because of a delayed diagnosis.
- Lost Wages and Earning Capacity: We pursue compensation for the income you have already lost and, more importantly, for your diminished ability to earn a living in the future.
Non-Economic Damages
These damages are intended to compensate you for the intangible, human costs of the misdiagnosis:
- Pain and Suffering: This refers to the physical agony and emotional distress caused by the worsening condition that could have been treated earlier.
- Loss of Enjoyment of Life: This compensates for the inability to participate in hobbies, activities, and life events that once brought you joy.
- Loss of Consortium: This is a claim made by a spouse for the loss of companionship, support, and intimacy resulting from the patient’s injury.
The Lost Chance Doctrine in Pennsylvania
Misdiagnosis cases involve this specific legal concept. In Pennsylvania, the lost chance doctrine applies when a patient already had a serious condition, but a doctor’s negligence reduced their chance of survival or a better outcome.
For example, if a patient had a 40% chance of recovery with a timely diagnosis, but a delay reduced that chance to just 10%, the patient is entitled to compensation for that lost 30% chance. This doctrine is key to achieving justice in many cancer misdiagnosis cases.
The Mechanics of Misdiagnosis Claims in Philadelphia
A diagnostic error is legally defined as a failure to act as a reasonably competent healthcare provider would have under similar circumstances. This failure represents a breach of the standard of care that all medical professionals owe their patients.
The Doctor’s Duty: Differential Diagnosis
One of the first places we look for negligence is in the diagnostic process itself. Doctors are trained to perform a differential diagnosis. This is a systematic method of listing all possible conditions that could be causing your symptoms and then using tests, examinations, and consultations to rule them out one by one until the correct diagnosis is found.
Common Types of Diagnostic Errors
- False Negatives: This is when a patient is told they are healthy, but they actually have a serious condition. Examples include misreading a mammogram and missing breast cancer or dismissing signs of a heart attack as indigestion.
- False Positives: This occurs when a patient is incorrectly diagnosed with a disease they don’t have. The result can be months or years of unnecessary and harmful treatments, like chemotherapy or invasive surgery, for a condition that never existed.
- Delayed Diagnosis: The correct diagnosis is eventually made, but only after the most effective window for treatment has closed. This delay could turn a treatable condition into a terminal one.
Commonly Misdiagnosed Conditions We Handle
- Cancers (especially Breast, Lung, Colon, and Melanoma)
- Stroke (frequently misdiagnosed as vertigo, migraines, or an inner ear issue, particularly in younger patients)
- Heart Attacks (frequently dismissed as heartburn or anxiety, especially in women who may present with atypical symptoms like jaw pain or fatigue instead of classic chest pain)
- Infections (such as Sepsis or Meningitis, where a delay in diagnosis can be fatal)
The Certificate of Merit Requirement
Pennsylvania has a procedural requirement designed to prevent frivolous lawsuits called a Certificate of Merit. To proceed with a medical malpractice lawsuit, we must first have your case reviewed by a qualified medical professional in the same specialty as the doctor you are suing. That professional must sign a statement affirming there is a reasonable probability that the care you received fell below the accepted standard.
Medical Malpractice in the Philadelphia Landscape
Where Errors Commonly Occur
- Emergency Rooms: The high-pressure environment of an ER in Center City or North Philly can lead to rushed triage. Patients presenting with symptoms of a stroke or heart attack might be mistakenly sent home with a diagnosis of a less severe ailment.
- Radiology Departments: A misread X-ray, MRI, or CT scan can be the starting point of a tragic diagnostic failure. A radiologist might overlook a tumor or misinterpret signs of a vascular issue, giving both the patient and their primary doctor a false sense of security.
- Primary Care Offices: A family doctor is the first line of defense. A serious error occurs when a primary care physician fails to take symptoms seriously or neglects to refer a patient to a specialist when their condition does not improve.
Dealing with Hospital Risk Management and Insurers
The Sympathetic Phone Call
You may receive a call from a hospital’s Risk Management or Patient Safety officer shortly after a bad outcome. They may sound empathetic and ask for a recorded statement, framing it as an effort to improve the quality of care.
Do not speak with them or provide any statement. This is an evidence-gathering tactic and their questions are designed to get you to say something that could be used to undermine your case later.
You have no obligation to talk to them. The best response is to tell them your attorney will be in contact.
Delay, Deny, Defend
Insurance companies and hospital legal teams employ a strategy known as delay, deny, defend.
- They may delay the process, hoping the pressure of mounting medical bills will force you to give up.
- They may deny liability, claiming your condition was pre-existing or that the diagnostic delay made no difference to the ultimate outcome.
- If you persist, they will prepare to defend the case aggressively in court.
This is why you need a legal team that acts as your shield. We handle all communications with the hospital and their insurers, allowing you to focus on your health.
FAQs Regarding Misdiagnosis in Pennsylvania
Can I sue a specialist even if my primary doctor referred me?
Yes. In fact, specialists like radiologists, oncologists, or cardiologists are held to a higher standard of care than general practitioners because they have advanced training in a specific field. Both the primary doctor and the specialist could potentially be held liable.
What if the misdiagnosis happened two years ago but I just found out?
Pennsylvania has a two-year statute of limitations for most medical malpractice claims. However, the state also follows the Discovery Rule. This rule means the two-year clock may not start ticking until the date you knew, or reasonably should have known, that you were injured due to a medical error.
Can I claim misdiagnosis if I signed an informed consent form?
Yes. An informed consent form means you accepted the known and disclosed risks of a particular treatment or procedure. It does not give a doctor permission to be negligent or to fail in their duty to provide a competent diagnosis.
What if the patient has already passed away from the misdiagnosis?
If a misdiagnosis leads to a patient’s death, the family may bring a legal action. In Pennsylvania, this typically involves two distinct but related claims: a Wrongful Death claim for the family’s losses (like lost income and companionship) and a Survival Action claim on behalf of the deceased’s estate for the pain and suffering they endured before passing.
Do I have a case if the delay didn’t change the outcome?
This is a challenging situation. To have a successful malpractice claim, you must prove that the negligence caused tangible damages. If a cancer was already terminal and a short delay did not meaningfully alter the patient’s prognosis or suffering, a case may be difficult. However, the lost chance doctrine, mentioned earlier, may still apply if even a small chance of a better outcome was lost.
Don’t Let Uncertainty Stop You From Seeking Justice
Most people who contact us aren’t sure they have a case. They know something went wrong, but they don’t know if that crosses the line into malpractice.
Here’s the truth: you don’t need to know. That’s our job. Our team will review your records and confirm whether there’s a legitimate basis for the claim. If the evidence isn’t there, we will tell you, and you owe us nothing.
If a claim does exist, time matters. Medical records get harder to obtain, memories become less reliable, and the two-year statute of limitations is shorter than it sounds once you account for the investigation required to build a case.
Let’s finally get the clarity you deserve. Call Wapner Newman at (215) 569-0900 for a free consultation. And if you can’t come to us, let us know; we will come to you.