Misdiagnosis claims in Scranton arise when preventable diagnostic errors cause patients serious harm, delayed treatment, or even death. A missed or incorrect diagnosis can devastate families physically, emotionally, and financially.
Diagnostic errors are more common than most people realize. According to a landmark report from the Agency for Healthcare Research and Quality, approximately 7.4 million people are misdiagnosed in U.S. emergency departments annually, contributing to over 700,000 serious injuries and deaths that could have been prevented.
When healthcare providers fail to meet accepted medical standards, we step in to hold them accountable, securing favorable verdicts and settlements for our clients. Our Scranton medical malpractice lawyers combine decades of litigation experience with the financial resources necessary to challenge hospitals, insurers, and large healthcare systems. Contact us for a free consultation.
Call Us At 844-686-5397 Is a Misdiagnosis Medical Malpractice?
A misdiagnosis is not necessarily medical malpractice. For a diagnostic error to legally be considered medical malpractice, the healthcare provider’s conduct must fall below the expected standard of care and result in harm to the patient.
For example, a patient goes to the doctor complaining of headaches. The doctor carefully listens as the patient describes the pain. He runs several tests, including bloodwork and scans, but they all come back clean. He diagnoses the patient with a head cold, prescribes pain medication, and sends him home. Several weeks go by, and the patient returns. The doctor runs more tests. This time, the results show that the patient has Lyme Disease.
While the doctor was wrong in his initial diagnosis, he still performed with the expected standard of care. He listened to his patients, took their complaints seriously, and ran diagnostic tests. The misdiagnosis would not be a legal claim against the doctor in this case.
Let’s take another example. A woman comes in complaining of severe chest pain and tightness. The doctor dismisses her symptoms and refuses to run any tests, believing she is exaggerating the pain and simply having a panic attack. He sends her home with anti-anxiety medication.
Hours pass, and the woman returns to the hospital, this time in full cardiac arrest. In this case, the doctor provided the patient with substandard care. He dismissed his patient and refused further tests to rule out a heart attack. The woman has a valid claim and should take legal action against that doctor for inadequate treatment and medical malpractice.
Pennsylvania Requirements for Filing a Medical Misdiagnosis Lawsuit
If you believe a doctor or healthcare provider misdiagnosed a serious medical condition, proving the mistake is only one part of the legal process. Pennsylvania law also requires patients to meet certain procedural requirements before a medical malpractice lawsuit can move forward.
One of the most important requirements is the Certificate of Merit under Pennsylvania Rule of Civil Procedure 1042.3. In most cases, a qualified medical expert must review the medical records and confirm that there is a reasonable basis to believe the healthcare provider failed to meet accepted professional standards.
Medical misdiagnosis claims are also subject to Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. § 1303 et seq. This law sets out many of the rules that govern medical malpractice cases throughout Pennsylvania, including claims involving delayed, missed, or incorrect diagnoses.
Because misdiagnosis cases often involve complicated medical evidence and expert testimony, it is essential to have an experienced attorney review the facts of your case as early as possible.
Why Is Misdiagnosis So Prevalent in Scranton, PA?
Diagnostic errors can occur for many reasons, including communication breakdowns, time pressures, incomplete information, and failures in the healthcare system.
Today, healthcare professionals are incentivized to see as many patients as possible, which makes thorough examinations and careful diagnostics nearly impossible. Patients in Scranton can feel rushed, unheard, patronized, and dismissed. Unfortunately, many of them do not receive a proper diagnosis.
What Are the Consequences of a Medical Misdiagnosis?
The most dangerous outcome of a misdiagnosis is the delayed treatment of a potentially sick or injured patient, leading to catastrophic results. A delayed cancer diagnosis may allow tumors to metastasize. A missed stroke may eliminate the opportunity for life-saving clot-busting treatment. A dismissed cardiac event can lead to fatal heart damage.
For example, if a patient is diagnosed with breast fibroids but has cancer, such as a misdiagnosed breast cancer case, the delay in treatment can be life-threatening. The window of opportunity to save a patient’s life is significantly reduced when a misdiagnosis occurs.
Misdiagnosis may result in:
- Disease progression
- Unnecessary surgeries
- Incorrect medications
- Permanent disability
- Emotional trauma
- Wrongful death
Other physical effects of misdiagnosis include incorrect treatment, an unnecessary surgical procedure, and even death. We pursue full compensation for both immediate and long-term harm.
Why Do Medical Misdiagnoses Happen?
According to the National Library of Medicine, there are three categories of misdiagnosis: no-fault errors, system-related errors, and cognitive errors.
- No-fault misdiagnosis errors are outside the control of the practicing physician.
- System-related errors can be technical, equipment, or communication problems.
- Cognitive errors include inadequate knowledge of an injury or illness, poor critical thinking skills, incompetence, and failure to combine information to diagnose a complex injury or illness.
Who Can Be Held Liable for a Misdiagnosis in Scranton?
The responsibility primarily falls on the healthcare provider who failed to meet the standard of care and misdiagnosed. However, the hospital, clinic, or medical facility may be held liable in a medical malpractice claim under the doctrine of respondeat superior, which translates to “let the master answer.” Under this legal doctrine, an employer may be held accountable for the negligence committed by their employee during working hours.
What is the Standard of Care in Medical Malpractice Cases?
The standard of care in medical malpractice cases is the level of skill and medical care that another reasonable medical professional in the same field would provide under similar circumstances.
The medical provider should have the necessary knowledge and skills to treat you. They should follow established medical practices and procedures. Finally, the healthcare professional should exercise reasonable judgment based on the patient’s condition and complaints.
How Can a Scranton Medical Malpractice Lawyer Help with a Misdiagnosis Claim?
Medical malpractice litigation is complex and aggressively defended. To understand how a Scranton medical malpractice lawyer can help with your misdiagnosis claim, let’s break down the steps you’ll have to take to hold the negligent medical professionals accountable.
- Investigate and determine liability: A medical malpractice attorney will investigate your claim, including your medical records, hospital logs, and more. Your Scranton personal injury attorney will ensure a medical malpractice lawsuit is brought against every liable party, even if multiple parties are to blame.
- Filing the claim: Medical malpractice cases can be quite complicated in Pennsylvania. A single misstep can cost you the entire claim. According to state law 42 Pa. C.S. § 5524, there is a two-year statute of limitations for filing your medical malpractice claim. If you do not file within this timeframe, you’ll forfeit your rights to compensation. Determining when that period begins can be complicated because patients are not always immediately aware that an incorrect diagnosis caused their injuries. An attorney can evaluate the facts of your case, preserve important evidence, and file your paperwork correctly and on time. Pennsylvania courts recognize that injuries arising from a misdiagnosis are not always immediately apparent. The discovery rule allows an extension of the statute of limitations and starts the clock from the time the injury or illness resulting from the misdiagnosis is discovered.
- Negotiations: A medical malpractice lawyer will independently investigate your claim and present the evidence to the healthcare professional or medical facility’s insurance company. You do not have to communicate with the insurance company; your medical negligence lawyers will oversee all negotiations and correspondence.
- Taking your claim to court: Although only 5% of all personal injury claims end up in court, yours may fall into that percentage. If that’s the case, an experienced medical malpractice lawyer will represent you in court, presenting evidence that there was a duty of care owed to you and that the healthcare professional’s conduct fell below the standard of care.
Why Choose Munley Law for Your Scranton Medical Misdiagnosis Claim?
Pennsylvania residents deserve to trust the medical treatment they receive. When that trust is broken, the Munley Law medical malpractice attorneys are here to champion your claim.
Founded in 1959, we are nationally recognized for excellence in personal injury litigation. As a nationally recognized personal injury firm, we have earned listings in Best Lawyers in America and membership in the International Society of Barristers and the Litigation Counsel of America. All our partners have been named Top 100 Trial Lawyers in Pennsylvania, with Caroline Munley named to the Top 25 Medical Malpractice Trial Lawyers in the state. We have also been awarded membership in the Million Dollar and Multi-Million Dollar Advocates Forums.
Munley Law invests heavily in expert testimony, medical analysis, and trial preparation. Insurance companies know we are prepared to go to court to secure the best possible outcome for our clients, and that reputation matters.
Get a Free Consultation About Your Scranton Medical Misdiagnosis
Pennsylvania residents deserve to trust the medical treatment they receive. When that trust is broken, the Munley Law medical malpractice attorneys are here to champion your claim.
Our Scranton medical malpractice lawyers offer new clients a free consultation. During this time, we will assess your case, discuss your legal options, and initiate the claims process. Call or contact us online today.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 28, 2026.
