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Misdiagnosis

We hold doctors to a high standard. Because of their schooling and profession, we assume that what they tell us is correct, but that is not always the case. It’s estimated that nearly 100,000 people die every year because of a misdiagnosis.

Misdiagnoses are not uncommon. It’s believed that just about everyone will experience a misdiagnosis at least once during his or her lifetime. Being misdiagnosed can lead to unnecessary treatment, medical bills and sometimes death.

Attorney for Misdiagnosis in Montgomery County, TX

Evans & Powell, PLLC knows how frustrating it can be to be misdiagnosed. If you have been misdiagnosed, you have the right to bring justice to the medical professional who did so. Evans & Powell, PLLC is experienced with medical malpractice involving misdiagnosis, and we will fight to ensure you receive the best possible outcome for your situation.

Call us today at (713) 622 - 2000 to schedule a free case consultation, or submit your information in the online form. We represent clients with medical malpractice claims involving misdiagnosis in communities in both Montgomery County and Harris County. Some of these communities include but are not limited to, Conroe, Montgomery, Cut and Shoot, Panorama Village, Spring, Houston and other surrounding areas.


Overview of Misdiagnosis in Montgomery County, TX


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Common Misdiagnosis

Any condition can be misdiagnosed. A patient could go in for an arm injury, have it diagnosed as a sprain, only to find out that you have torn ligaments. A psychiatrist may diagnose a patient with bi-polar when they have Asperger’s Syndrome. The list could go on, but some of the most common misdiagnosis includes the following:

  • Cancer: This is one of the most commonly misdiagnosed conditions. The Journal of Clinical Oncology reported that cancer is misdiagnosed almost 30% of the time. Melanoma, breast cancer, lymphoma, and sarcomas are the most common misdiagnosed cancers. 
  • Heart Attack: Women are misdiagnosed with heart attacks more often than men because they don’t display the typical heart attack symptoms. Symptoms for the condition vary between people, with some showing no symptoms at all.
  • Depression: Classic symptoms of depression include sadness, irritability, lack of motivation and anxiety, but everyone experiences the illness differently. A doctor should conduct a physical exam and take a full history before diagnosing the condition.
  • Lyme Disease: Patients can go for more than a year before they receive an accurate diagnosis for Lyme disease. Typical symptoms include fatigue, fever, joint pain, muscles aches and stiffness.
  • Celiac Disease: More than 80% of people diagnosed with celiac disease have been misdiagnosed with other conditions before their current diagnoses. Part of the reason is that symptoms for the disease vary widely from person to person. The condition is commonly misdiagnosed as irritable bowel syndrome. 
  • Stroke: Younger adults are often misdiagnosed when they exhibit stroke symptoms. Strokes are most commonly misdiagnosed with vertigo and migraines.
  • Fibromyalgia: This condition has symptoms that include joint and muscle pain, anxiety, fatigue and sleeping problems. Fibromyalgia is often misdiagnosed as rheumatoid arthritis and lupus.

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Why does Misdiagnosis Occur?

Whenever you go to the doctor, we trust that what they tell us. But when a patient is misdiagnosed with an illness or disease, the consequences can be devastating and sometimes fatal.

Misdiagnosis can lead to unnecessary treatment and additional health consequences. The majority of these medical errors are the result of poor communication between medical professionals. There are many reasons why a patient may be misdiagnosed. Some of these reasons include: 

  • Errors in reading test results
  • Failing to order the proper test
  • Failing to act on patient request and complaints
  • Failure to recognize symptoms
  • Not spending enough time with a patient and take a full medical history

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Medical Malpractice Laws in Texas

Because misdiagnoses are the result of medical professional negligence, you have the right to bring them to court and seek compensation. Laws that govern medical malpractice cases in Texas are defined under chapter 74 of the state’s Civil Practice and Remedies Code.

When you file a malpractice claim, it must be filed within two years from the day the victim was misdiagnosed. If the victim was misdiagnosed as part of ongoing treatment, the two-years would not start counting down until the treatment has ended. Also, all malpractice claims must be brought within ten years of the misdiagnosis or the patient will be barred from bringing the case to court.

The state also places caps on the amount of non-economic damages a victim can receive. If the claim involved just a medical professional, the victim can receive up to $250,000 but can reach up to $500,000 if the case involved a medical professional and a healthcare institution. 


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Additional Resources for Misdiagnosis in Harris County, TX

Misdiagnosis Most Common Medical Mistake– Follow this link to an article published by John Hopkins Hospital that discussed the commonality of diagnostic errors. The hospital reviewed 25 years of malpractice claims and found that misdiagnosis is one of the most common, costly and harmful medical malpractice cases in the United States. John Hopkins is one of the leading healthcare systems in the country.

Section 74.251 Limitations on Health Care Liability Claims– Read the full text of the section of the Texas Civil Practice and Remedies Code that governs how much time a patient has to file a medical malpractice claim in Texas. You can also read the section below it that limits noneconomic damages in malpractice cases. The sections can be read on the Texas Constitution and Statutes website.


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Medical Malpractice Attorney for Misdiagnosis in Harris County, TX

If you have been misdiagnosed with a medical condition, disease or injury and it resulted in additional harm and medical bills, you may have the grounds for a medical malpractice lawsuit. Evans & Powell, PLLC has proven experience dealing with medical professionals in the courtroom, and we will do everything in our power to ensure that you receive adequate compensation.

Call Evans & Powell, PLLC today at (713) 622 - 2000 to schedule a consultation so you can discuss the specifics of your case with one of our attorneys. We represent clients across communities in Harris Coutny and Montgomery County such as Spring, Houston, Pinehurst, The Woodlands, Magnolia and many others.


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