What Is a Misdiagnosis and Delayed Diagnosis Case?

Harmed by a misdiagnosis or delayed diagnosis in Georgia or South Carolina? Our medical malpractice lawyers pursue claims when doctors fail to identify serious conditions like cancer, heart disease, and infections in time.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Misdiagnosis and Delayed Diagnosis Claims in Georgia & South Carolina

Diagnostic errors are the most common type of medical malpractice in the United States. A report by the National Academies of Sciences, Engineering, and Medicine found that most Americans will experience at least one diagnostic error in their lifetime, and that diagnostic failures contribute to approximately 10% of patient deaths. When a doctor misdiagnoses a serious condition, fails to order appropriate tests, or delays a critical diagnosis, the patient may lose valuable treatment time and suffer preventable harm.

At Roden Law, our misdiagnosis and delayed diagnosis lawyers represent patients across Georgia and South Carolina who are harmed by diagnostic failures. Whether your doctor missed cancer, failed to diagnose a heart attack or stroke, or confused your symptoms with a less serious condition, we pursue the full compensation you deserve.

Common Misdiagnosed and Delayed Conditions

Certain medical conditions are misdiagnosed or delayed with alarming frequency:

  • Cancer: Failure to order biopsies, misread pathology slides, or follow up on abnormal screening results
  • Heart attack and stroke: Symptoms dismissed as anxiety, indigestion, or musculoskeletal pain — particularly in women
  • Infections and sepsis: Failure to identify infections before they become life-threatening
  • Appendicitis: Misdiagnosed as gastrointestinal issues until the appendix ruptures
  • Pulmonary embolism: Blood clots mistaken for pneumonia, anxiety, or muscle strain
  • Meningitis: Symptoms attributed to the flu or migraine until the infection progresses
  • Ectopic pregnancy: Failure to diagnose before rupture, causing internal bleeding

Many diagnostic failures in emergency rooms occur because of overcrowding, rushed assessments, and failure to order appropriate diagnostic tests. When misdiagnosis results in death, our medical malpractice wrongful death lawyers can help the family pursue justice.

Proving a Misdiagnosis Claim

To succeed in a misdiagnosis case, you must demonstrate three elements: (1) a doctor-patient relationship existed, creating a duty of care; (2) the doctor failed to meet the accepted standard of care in diagnosing your condition — meaning a competent doctor in the same specialty would have made the correct diagnosis under similar circumstances; and (3) the misdiagnosis or delay directly caused you harm that would not have occurred with a timely and accurate diagnosis.

Georgia requires a medical expert affidavit under O.C.G.A. § 9-11-9.1 to be filed with the complaint, and South Carolina requires a Notice of Intent and expert opinion under S.C. Code § 15-79-125. Our attorneys work with qualified medical experts in the relevant specialty to establish the standard of care and how the defendant failed to meet it.

The “Differential Diagnosis” Standard

Courts evaluate diagnostic accuracy using the “differential diagnosis” method — the systematic process doctors use to identify a disease by ruling out possible conditions based on symptoms, test results, and medical history. If a doctor failed to include the correct diagnosis on their differential list, failed to order tests that would have confirmed or ruled out a condition, or failed to follow up on abnormal results, these failures may constitute negligence.

Damages from Diagnostic Errors

The harm from misdiagnosis depends on the condition involved. Delayed cancer diagnosis may allow the disease to progress to a later stage requiring more aggressive treatment with lower survival rates. Missed heart attacks and strokes cause permanent cardiac and neurological damage that timely treatment could have prevented. Our attorneys pursue compensation for all additional medical treatment necessitated by the delay, lost income, pain and suffering, reduced life expectancy, and diminished quality of life. If a delayed diagnosis resulted in a traumatic brain injury, such as from an undiagnosed stroke, additional specialized damages may apply.

Contact Roden Law for a Misdiagnosis Case

Time is critical in misdiagnosis cases — both for your health and your legal rights. Georgia’s statute of repose (O.C.G.A. § 9-3-71) imposes an absolute 5-year deadline from the date of the negligent act, regardless of when you discovered the error. Contact Roden Law for a free consultation.

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What to Do After A misdiagnosis and delayed diagnosis

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Misdiagnosis and Delayed Diagnosis Case

To win a personal injury case involving a misdiagnosis and delayed diagnosis, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Misdiagnosis and Delayed Diagnosis Cases

Victims of a misdiagnosis and delayed diagnosis injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Misdiagnosis and Delayed Diagnosis Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Misdiagnosis and Delayed Diagnosis Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

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If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.