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Late Diagnosis Every Move Matters

Late Diagnosis Attorney Orlando

The failure to timely and reasonably diagnose a patient’s medical condition may result in a substantial delay in necessary treatment. The effect of an unreasonable delay in diagnosis and treatment may result in catastrophic injury or death. This circumstance is most tragic when timely intervention would probably have prevented the patient’s injury or death.

Orlando Medical Negligence Attorney, Michael Barszcz, M.D.J.D. graduated from both Brown University Medical School and the University of Florida College of Law. Mr. Barszcz has recovered multi-million settlements and verdicts in complex personal injury, accident, and medical malpractice cases. He has recovered over $100 million dollars on behalf of his clients.

Mr. Barszcz has successfully represented clients based on the health care providers’ failure to timely diagnose and treat the following conditions:

  • Breast cancer
  • Cervical cancer
  • Lung cancer
  • Ovarian cancer
  • Prostate cancer
  • Skin cancer
  • Colon cancer
  • Brain tumor
  • Testicular cancer
  • Coronary disease/Heart attack
  • Carotid artery disease/strokes
  • Vascular disease (e.g. aortic dissection)
  • Deep vein thrombosis (DVT)/Pulmonary embolism
  • Respiratory distress/respiratory failure
  • Hemorrhage
  • Infection (e.g. bacterial meningitis, pneumonia, urinary tract infection, peritonitis)
  • Bowel perforation

A health care provider’s failure to reasonably diagnose and treat patient’s condition may support a claim for medical malpractice. You may contact the Law Offices of Michael Barszcz, M.D., J.D., for a free consultation.

What is Misdiagnosis?

Misdiagnosis occurs when a medical condition or illness is incorrectly identified or labeled by a healthcare professional. This can happen for various reasons, including:

  • Symptom similarity: Some conditions may present with similar symptoms, leading to confusion and misidentification.
  • Incomplete information: Inadequate or incomplete medical history, physical examination, or diagnostic tests can lead to a misdiagnosis.
  • Human error: Healthcare providers may make mistakes due to factors such as fatigue, distraction, or lack of experience.
  • Rare conditions: Healthcare professionals may not consider rare diseases or conditions, leading them to overlook potential diagnoses.
  • Bias: Preconceived notions or biases about certain conditions or patient demographics can influence diagnostic decision-making.
  • Communication issues: Miscommunication between healthcare providers, patients, and specialists can lead to misunderstandings and misdiagnoses.

Misdiagnosis can have serious consequences, including delayed or inappropriate treatment, unnecessary procedures or medications, worsening of the condition, and emotional distress for the patient. 

What is a Late Diagnosis?

A late diagnosis refers to the situation where a medical condition or disease is identified at a stage that is more advanced or progressed than it could have been if it had been detected earlier. This delay in diagnosis can occur for various reasons, including:

  • Lack of symptoms or subtle symptoms: Some conditions may not present noticeable symptoms in their early stages, leading individuals to delay seeking medical attention until the condition worsens.
  • Misinterpretation of symptoms: Symptoms of certain conditions may mimic those of other less serious illnesses, leading to misdiagnosis or delay in seeking appropriate medical care.
  • Limited access to healthcare: Factors such as financial constraints, lack of healthcare facilities, or geographical barriers may prevent individuals from seeking timely medical attention.
  • Screening failures: In some cases, routine screening tests or diagnostic procedures may fail to detect the presence of a disease or condition until it has progressed to a more advanced stage.
  • Delay in seeking medical care: Sometimes, individuals may delay seeking medical care due to fear, denial, or other personal reasons, leading to a delay in diagnosis and treatment.

Late diagnosis can have significant implications for patient outcomes, as diseases diagnosed at a later stage may be more difficult to treat and may have poorer prognoses.

Determining Liability

Here are some parties who may be held liable in such situations:

  • Medical professionals: Physicians, surgeons, radiologists, pathologists, and other healthcare professionals who are directly involved in diagnosing a patient's condition may be held liable for misdiagnosis or delayed diagnosis if they fail to adhere to the standard of care expected in their field. This could involve errors in interpreting test results, overlooking symptoms, or not ordering appropriate tests.
  • Healthcare facilities: Hospitals, clinics, and medical practices may be held liable for misdiagnosis or delayed diagnosis if they are found to have contributed to the error through negligence in their policies, procedures, or staffing practices. For example, if a facility fails to ensure that adequate diagnostic equipment is available or if there are deficiencies in training and supervision of staff, the facility may be held responsible.
  • Third-party entities: In some cases, third-party entities such as medical laboratories or imaging centers may be held liable for misdiagnosis or delayed diagnosis if their errors or negligence contributed to the diagnostic error. For instance, if a laboratory technician fails to accurately analyze a specimen or if an imaging center fails to properly conduct and interpret diagnostic tests, they may be held accountable.
  • Manufacturers: In cases where diagnostic equipment or medical devices are involved in the diagnostic process, manufacturers may be held liable for defects or malfunctions that contribute to misdiagnosis or delayed diagnosis. This could include issues such as faulty equipment, incorrect calibration, or inadequate warnings about the limitations of the device.

At the Law Offices of Michael Barszcz, M.D., J.D., we understand the profound impact that misdiagnosis or delayed diagnosis can have on individuals and their families. With our unique blend of medical and legal expertise, we are committed to providing compassionate and effective representation to those who have suffered harm due to medical negligence.

From thorough investigation to strategic advocacy, we stand by our clients every step of the way, fighting tirelessly to seek justice and maximum compensation for their losses. If you or a loved one has been affected by misdiagnosis or delayed diagnosis, you can trust us to be your dedicated advocates, working tirelessly to achieve the best possible outcome for your case.


Contact us today at (407) 305-6088 to schedule a free consultation.

Verdicts & Settlements

Over $120 Million Recovered For Clients
  • $275,000

    Motor vehicle accident results in neck surgery.

  • $275,000

    Failure to timely diagnose rare tumor causes spread of cancer.

  • $550,000

    Failure to diagnose and treat pulmonary embolism (blood clot to lung) leads to death.

Contact Us Today Schedule Your Free Evaluation

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