A misdiagnosis or failure to diagnose can have grave consequences for patients suffering from serious illnesses. Victims may need more advanced and costly medical treatments once they receive a proper diagnosis. For some, a misdiagnosis can even be fatal. If you or a loved one have experienced unnecessary pain or suffering due to a medical misdiagnosis, you may be able to pursue a misdiagnosis lawsuit. The attorneys at Bennett Johnson, LLP, in Oakland, CA, have decades of experience in this area of law and can provide aggressive representation. If your medical provider failed to properly diagnose an illness or disease, contact our law firm today to discuss your case with an attorney.

Photo of  two people in medical coats
If a medical professional failed to properly diagnose your condition, you may have suffered significant, lasting consequences.

How Misdiagnosis Occurs

There are a number of factors that can lead to the misdiagnosis of an illness or disease. Generally, this form of medical malpractice is caused by the negligence of a medical provider. Commonly, the medical provider will fail to:

  • Perform a thorough range of tests
  • Consider all potential illnesses and diseases based on symptoms
  • Rule out the most dangerous illnesses or diseases first
  • Closely observe the patient
  • Misread or misinterpret x-rays and other diagnostic scans 
  • Provide appropriate parties with relevant and timely information

Additionally, many doctors assume a patient’s symptoms are exaggerated or that the patient faces no life-threatening condition. Sadly, the result of such negligence can be fatal.

Commonly Misdiagnosed Diseases and Illnesses

In many cases, a misdiagnosis, or even a delayed diagnosis can result in rapid progression of the disease or illness. Some of the most commonly misdiagnosed diseases and illnesses can lead to serious damage to your health.

Heart Attack or Stroke

Patients displaying symptoms of heart attack or stroke may instead be diagnosed with and given medication for heart burn or migraines. The lack of prompt treatment could result in permanent disability or death.


Despite recent studies showing that pneumonia is rarely visible on chest x-rays, doctors continue to use it as a diagnostic tool in patients with symptoms.

Pulmonary Embolism

Early intervention is critical when a blood clot forms in the lung’s main artery, but studies show diagnosis is often delayed.


This is one of the most commonly misdiagnosed and overlooked diseases. A misdiagnosis can result in the spread of the disease, lowering the patient’s chances of survival.

At Bennett Johnson, LLP, we have a vast network of medical professionals who can offer expert testimony to prove another reasonable and experienced doctor would have made a proper diagnosis. 

Complications during Pregnancy

Certain health complications, such as high blood pressure and gestational diabetes, are common during pregnancy. When diagnosed and treated early, they are generally manageable. If misdiagnosed, however, the health of both the mother and baby are put at risk.

Proving Negligence in a Misdiagnosis Lawsuit

In misdiagnosis and failure to diagnose lawsuits, victims must prove that the failed or improper diagnosis was the cause of injury. This process can be difficult, so it is important that victims and their families work with an experienced medical malpractice attorney. At Bennett Johnson, LLP, we have a vast network of medical professionals who can offer expert testimony to prove another reasonable and experienced doctor would have made a proper diagnosis. Our attorneys can build a strong case to fight for you and your best interests.

Hold Negligent Medical Providers Accountable

If you or someone you love was misdiagnosed and suffered excessive harm as a result, contact our firm online or call (510) 444-5020 to schedule a consultation. During a consultation, our lawyers can review your case and help you understand all your legal options.

Attorneys Richard Bennett and William Johnson

Bennett Johnson, LLP

Attorneys Richard Bennett and William Johnson have practiced law for more than four decades. Since opening Bennett Johnson, LLP, in 1981, our clients have been awarded more than $500 million in verdicts and settlements. They are members of several professional legal organizations, including:

  • American Board of Trial Advocates
  • Million Dollar Advocates Forum®
  • San Francisco Trial Lawyers Association

To schedule a free initial consultation, contact us online or call us at (510) 444-5020.

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