Case Study: Misdiagnosis and Delayed Diagnosis in the Emergency Department

Welcome to our new Case Study series! In this series, we will focus on common types of cases we see and include real world examples. Once of the most common malpractice cases is misdiagnosis and delay of correct diagnosis in the emergency department.

Holding Emergency Departments Accountable for Diagnostic Errors

When you go to the emergency room, you expect prompt, accurate care. A correct and timely diagnosis can be the difference between recovery and lifelong disability—or even life and death. Unfortunately, emergency departments are high-pressure environments, and mistakes happen. When those mistakes are caused by negligence, patients and their families have the right to seek justice.

At Hoffer & Sheremet, PLC, our medical malpractice attorneys have extensive experience handling emergency room misdiagnosis and delayed diagnosis cases throughout Michigan. We understand the medical, legal, and emotional complexity of these claims, and we fight for full accountability.

What is Misdiagnosis and Delayed Diagnosis?

  • Misdiagnosis occurs when a healthcare provider incorrectly identifies your condition, leading to inappropriate or harmful treatment.

  • Delayed diagnosis occurs when there’s an unreasonable delay in identifying the correct condition, allowing it to worsen before treatment begins.

In the emergency department, both errors can have devastating consequences, especially in time-sensitive conditions such as:

  • Heart attack (myocardial infarction)

  • Stroke

  • Sepsis

  • Pulmonary embolism

  • Meningitis

  • Ectopic pregnancy

  • Appendicitis

  • Aortic dissection

  • Bowel obstruction

Common Causes of Emergency Room Diagnostic Errors

Emergency departments face unique challenges, but those challenges do not excuse negligence. Common factors leading to diagnostic errors include:

  1. Failure to Order Necessary Tests – Skipping critical lab work, imaging, or other diagnostic tools.

  2. Misinterpretation of Test Results – Overlooking clear evidence in lab or radiology reports.

  3. Poor Triage Decisions – Underestimating the severity of a patient’s symptoms.

  4. Communication Breakdowns – Between nurses, doctors, and specialists.

  5. Time Pressure and Overcrowding – Rushed evaluations that miss key details.

  6. Bias and Assumptions – Dismissing patient complaints or attributing them to less serious causes.

How Misdiagnosis and Delay Harm Patients

A delayed or missed diagnosis in the ER can cause:

  • Permanent disability (e.g., brain damage after untreated stroke)

  • Loss of limb (e.g., untreated infection or blood clot)

  • Organ failure

  • Worsening of condition requiring more invasive treatment

  • Death

These injuries often result in significant medical expenses, lost income, and lifelong care needs—all of which should be addressed in a malpractice claim.

Proving an ER Misdiagnosis or Delay Case in Michigan

To succeed in a medical malpractice lawsuit, we must prove:

  1. Duty of Care – The ER doctor, nurse, or hospital owed you proper medical treatment.

  2. Breach of Duty – They failed to meet the accepted standard of care.

  3. Causation – The misdiagnosis or delay directly caused or worsened your injury.

  4. Damages – You suffered physical, emotional, and financial harm.

At Hoffer & Sheremet, PLC, we work with board-certified emergency medicine experts, radiologists, and other specialists to review your medical records, identify where the care went wrong, and provide the testimony needed to prove your case.

Why These Cases Are Different from Other Malpractice Claims

ER malpractice cases require understanding:

  • Michigan’s malpractice notice requirements and filing deadlines

  • The hospital’s protocols for triage and emergency care

  • How EMTALA (Emergency Medical Treatment and Labor Act) may apply

  • The interplay between hospital policies and individual provider negligence

Our team has handled numerous high-stakes ER malpractice cases, giving us the insight to anticipate the defense’s strategies and counter them effectively.

Your Legal Options After an ER Misdiagnosis or Delay

You may be entitled to compensation for damages such as:

  • Past and future medical bills

  • Lost wages and diminished earning capacity

  • Pain and suffering

  • Loss of enjoyment of life

  • Wrongful death damages (for surviving family members)

Michigan law limits the time to file a claim, so it is critical to act quickly.

Real World Example: Stroke Misdiagnosed as a Migraine

In one Michigan case, a 48-year-old woman arrived at the emergency department with sudden dizziness, severe headache, nausea, and difficulty speaking. Her blood pressure was elevated, and she reported that her symptoms began less than an hour earlier.

The ER physician diagnosed her with a migraine headache, gave pain medication, and discharged her without ordering a CT scan or MRI. No neurologist was consulted.

Within hours, her condition worsened—she collapsed at home and was rushed back to the hospital. This time, imaging confirmed she was having an ischemic stroke. Because more than four hours had passed since symptom onset, she was no longer eligible for tPA, the clot-busting medication that can prevent long-term disability if given promptly.

As a result, she suffered permanent left-side paralysis and significant speech impairment. The investigation revealed that:

  • The ER doctor failed to follow established stroke protocols.

  • Nursing staff did not escalate concerns despite classic stroke symptoms.

  • Timely imaging and treatment could have prevented or minimized the damage.

With the help of expert testimony, her legal team proved that the misdiagnosis and delay in treatment violated the standard of care and directly caused her disabilities. The case resulted in a confidential settlement that covered lifetime medical care, lost earnings, and pain and suffering.

 

How Hoffer & Sheremet, PLC Can Help You and Your Family

  • Immediate case evaluation – We review your medical records and timeline at no cost.

  • Access to top medical experts – Including ER physicians, neurologists, cardiologists, and radiologists.

  • Aggressive litigation – We prepare every case as if it will go to trial.

  • Personalized representation – We know every client and case inside and out.

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