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Apr 232012
 

Failure to diagnose or misdiagnosis cases are sometimes the most gut wrenching and heartbreaking cases. It’s particularly difficult when a mother or father comes to my office to talk about a case for their child, especially when a doctor’s negligence led to the injury or death.

The medical profession is by no means free from error. This includes doctors, specialists, hospitals, ER staff, nurses, etc. No one is infallible.

In many failure to diagnose, negligent diagnosis or misdiagnosis cases, the statute of limitations is often at issue. In these situations, the patient or family might not discover the negligence until after the two year period has expired. However, Pennsylvania’s discovery rule, if applicable, may allow the plaintiff to file suit after the two year period. Under Pennsylvania law, in failure to diagnose cases, the discovery rule may toll or stall the statute of limitations until the proper diagnosis is made. In other words, the injured plaintiff’s statute begins ticking when he or she knew or should have known of the doctor/specialist’s negligence in diagnosis.

Related Article: Pennsylvania’s Statute of Limitations in Misdiagnosis or Failure to Diagnose Cases

To submit your case for review by our Pennsylvania and New Jersey medical misdiagnosis lawyers, call 800.220.7600. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Our medical misdiagnosis attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.