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The Olson Law Firm, LLC
404-448-2806
Protecting Clients’ Future Well-Being After An Accident Or Injury For Over 25 Years

Attorney Erik H. Olson

Misdiagnosis & Delayed Diagnosis Attorney in Atlanta, Georgia

When a doctor misses, delays, or gets your diagnosis wrong, the consequences can be devastating—progressing cancer, worsening infections, or permanent damage that could have been prevented. At The Olson Law Firm, LLC, we represent individuals and families throughout Georgia who have been harmed by diagnostic failures.

With more than 25 years of experience in medical malpractice, we know how to investigate these cases, work with medical experts, and hold negligent providers accountable. Our firm carefully reviews medical records, identifies where the breakdown occurred, and determines whether you have a valid claim under Georgia law.

If you or a loved one has suffered because of a diagnostic error contact us today.

What is a Diagnostic Error?

A diagnostic error occurs when a physician fails to correctly identify a patient’s medical condition, either by missing it entirely, misidentifying it, or diagnosing it too late to prevent serious harm. These errors can take several forms.

A wrong diagnosis happens when a doctor identifies the incorrect condition—such as telling a heart attack patient they’re having a panic attack—leading to improper or delayed treatment.

A missed diagnosis means the condition is never identified at all, allowing it to progress unchecked.

A delayed diagnosis occurs when the correct answer eventually comes, but only after the disease has worsened or become more difficult to treat.

Not every diagnostic challenge constitutes malpractice. Under Georgia law, diagnostic error becomes medical negligence when a reasonably competent physician, faced with the same symptoms and information, would have made the correct diagnosis or taken appropriate steps to rule out serious conditions.

Why Diagnostic Errors Happen in Georgia Healthcare Settings

Diagnostic errors stem from multiple sources, often involving a combination of systemic pressures and individual judgment failures.

Cognitive & Time Pressures

Cognitive bias can cause a physician to latch onto an early conclusion and ignore contradictory evidence. Time constraints in busy emergency rooms or understaffed clinics may lead to rushed evaluations, incomplete patient histories, and failure to consider less common but serious diagnoses.

Communication & Coordination Failures

Breakdowns in communication between specialists, primary care physicians, hospital staff, and laboratories can result in critical information being overlooked or never reaching the treating physician. Test results may not be followed up on, or referrals may fall through the cracks.

Testing & Interpretation Errors

Physicians may fail to order appropriate diagnostic tests when symptoms warrant them, or they may misinterpret imaging studies and laboratory results. Equipment malfunctions and laboratory errors can also contribute to incorrect conclusions.

Inadequate Patient Evaluation

Some doctors rely too heavily on electronic health records without conducting a thorough physical examination. Patient concerns may be dismissed outright—a problem that disproportionately affects women and minorities, whose symptoms are more likely to be attributed to anxiety or stress rather than investigated properly.

While medicine involves inherent uncertainty, these failures can still support a malpractice claim when they result in preventable harm.

Common Conditions That Are Frequently Misdiagnosed

Cancer

Breast cancer, lung cancer, colon cancer, prostate cancer, and melanoma are among the most frequently misdiagnosed cancers in Georgia. Early warning signs are often attributed to benign causes, or physicians fail to order appropriate screening tests despite risk factors. By the time the cancer is correctly identified, it may have progressed to a later stage, limiting treatment options and reducing survival rates.

Cardiovascular Emergencies

Heart attacks, aortic dissections, and pulmonary embolisms are sometimes mistaken for less serious conditions like indigestion, anxiety, or muscle strain. These misdiagnoses can be fatal or result in permanent heart damage. Women and younger patients are particularly at risk of having cardiac symptoms dismissed or misattributed.

Strokes are commonly overlooked, especially in younger patients whose symptoms may be dismissed as migraines, vertigo, or stress-related issues. Delays in stroke diagnosis can result in severe, irreversible neurological damage and long-term disability. Time-sensitive treatment protocols make early recognition critical.

Serious Infections

Sepsis, meningitis, and appendicitis can be misdiagnosed as viral illnesses or less urgent conditions, allowing them to progress rapidly. These infections can become life-threatening within hours, making timely diagnosis essential. Delayed recognition often leads to systemic complications, organ failure, or death.

Pediatric Conditions

Children face unique diagnostic challenges when serious illnesses are mistaken for common childhood conditions. Symptoms of meningitis, appendicitis, or sepsis may be attributed to routine viral infections, leading to dangerous delays in treatment. Diagnostic errors in pediatric cases can have devastating and long-lasting consequences.

Warning Signs You May Be a Victim of Diagnostic Error

If you’ve experienced any of the following, you may have been the victim of a diagnostic error:

  • Your symptoms persist or worsen despite treatment. If you’re following your doctor’s recommendations but not improving—or if you’re getting worse—the diagnosis may be wrong.
  • The diagnosis doesn’t match your symptoms or history. If the condition your doctor identified doesn’t seem to fit what you’re experiencing, trust your instincts.
  • Your concerns were dismissed without proper investigation. If your doctor refused to order tests, wouldn’t refer you to a specialist, or brushed off your symptoms without a thorough examination, that’s a red flag.
  • You were diagnosed without a complete evaluation. A diagnosis made without reviewing your medical history, conducting a physical exam, or ordering appropriate tests may be unreliable.
  • You suffered harm from treatment for the wrong condition. If you underwent unnecessary procedures, took medications you didn’t need, or delayed treatment for your actual condition, you may have a claim.
  • A serious condition was found, but too late. If a subsequent doctor discovered cancer, a heart condition, or another serious illness that should have been caught earlier, the delay may constitute negligence.
  • You’ve received conflicting diagnoses. If different providers are giving you different answers and no one can agree on what’s wrong, something may have been missed in the initial evaluation.

If any of these situations apply to you, seek a second medical opinion immediately—and contact our firm to discuss whether you may have a malpractice claim.

FAQs About Diagnostic Errors & Medical Malpractice

If you or a loved one has suffered harm because a medical condition wasn’t diagnosed correctly or in time, you likely have questions about your legal options. Below, our Georgia diagnostic error attorneys address the concerns we hear most often from families throughout the state.

A diagnostic error is a broad term that encompasses missed diagnoses, delayed diagnoses, and wrong diagnoses. A wrong diagnosis specifically refers to when a physician incorrectly identifies your condition—for example, diagnosing your heart attack as indigestion. A missed diagnosis means no diagnosis was made at all, while a delayed diagnosis means the correct answer came too late to prevent harm. All three can form the basis of a medical malpractice claim in Georgia.
Victims of diagnostic errors can recover compensation for medical expenses, lost wages, future care costs, and pain and suffering. If the error resulted in permanent disability or significantly diminished quality of life, damages can be substantial. Georgia law caps non-economic damages at $350,000 per healthcare provider in most medical malpractice cases, though exceptions exist. The value of your case depends on the severity of harm and how the error has affected your life.

Yes. If the delay caused your condition to worsen, limited your treatment options, or resulted in additional harm, you may have a valid claim. We have represented clients whose cancers progressed to advanced stages during diagnostic delays and those who suffered permanent complications from infections that went undetected. The key question is whether a reasonably competent physician would have identified the problem sooner under similar circumstances.

Georgia law generally allows two years from the date of injury to file a medical malpractice lawsuit. There is also a statute of repose that bars most claims filed more than five years after the negligent act occurred. Diagnostic error cases can be complicated because the harm may not become apparent until well after the initial mistake. These deadlines have limited exceptions, which is why you should consult with an attorney as soon as you suspect a diagnostic error has occurred.
Some conditions are legitimately challenging to diagnose, but difficulty alone does not excuse substandard care. The legal standard is whether another competent physician would have made the correct diagnosis or taken appropriate steps given the same circumstances. If your doctor failed to order necessary tests, ignored concerning symptoms, or dismissed your complaints without proper investigation, that may constitute negligence regardless of diagnostic difficulty. Our firm works with medical experts who evaluate whether your physician met the applicable standard of care.

Protect Your Rights After a Diagnostic Error

If you have been affected by diagnostic malpractice in Atlanta, Georgia, The Olson Law Firm, LLC, can help you pursue fair compensation.  Call 404-448-2806 to discuss your case or use our online contact form. Consultations are always free.