Seeking Compensation for Injuries Due to Pulmonary Embolism Misdiagnosis

A Pulmonary Embolism occurs when a blood clot in your body breaks free and travels up through the bloodstream and into your lungs. Typically, these blood clots form in the deep veins of the legs. If a doctor or other medical professional misdiagnoses this condition, it could result in severe complications, prolonged suffering or death.

If you or a loved one suffered harm due to a misdiagnosed pulmonary embolism, you may be eligible to seek compensation for your medical costs and other damages. Call our experienced medical malpractice lawyers located in Baltimore to discuss your situation, including potential legal actions that may be available to you.

Get answers to your legal questions. Call 410-220-5827 today.

Can I Sue if I Was Injured Due to a Misdiagnosed Pulmonary Embolism?

That depends on the unique circumstances leading up to when the pulmonary embolism occurred. You may be able to sue, particularly if the misdiagnosis resulted from medical negligence.

To have a valid medical malpractice claim, however, victims must be able to prove the doctor or other healthcare professional was negligent in some way. In the case of a pulmonary embolism, you would need to prove your healthcare provider failed to meet the accepted standard of care in diagnosing your condition.

What Evidence May Show My Pulmonary Embolism Was Due to a Misdiagnosis?

Proving a misdiagnosed medical condition is difficult, which is why we recommend seeking legal help from an experienced attorney with extensive knowledge of medical malpractice claims.

In general, an attorney will need to use evidence to show the healthcare provider’s negligence in failing to diagnose the condition.

Gathering information for a misdiagnosed pulmonary embolism may include these key elements:

• Analyzing your medical records to identify symptoms or risk factors that were overlooked
• Obtaining expert testimony from qualified physicians to establish the standard of care
• Showing evidence of improper or inadequate diagnostic tests being ordered
• Providing documentation of misinterpreted test results
• Proving alternative diagnoses were not carefully considered or ruled out
• Showing a timeline of events to include any delays in diagnosis and treatment
• Providing evidence of the harm you suffered as a direct result of the misdiagnosis, such as a worsened condition

How Is Medical Malpractice Proved in Maryland?

Your attorney will need to review and consider several contributing factors before determining whether negligence may have occurred. These elements are key in any type of personal injury claim, including medical malpractice:

Duty of Care

You need to establish that the healthcare provider owes you a duty of care. This duty typically exists when you are under the care of a medical professional. If a doctor is treating you, for example, he or she must take reasonable steps to ensure the care they provide meets the acceptable standards of care within the medical industry.

Breach of Duty

Breach of duty means proving the healthcare professional failed to meet their legal obligation or standard of care. In medical malpractice cases involving pulmonary embolism, a breach might involve:

• Failure to Order Proper Tests: If your doctor did not conduct the necessary tests or scans to diagnose a pulmonary embolism, this could be seen as a breach.
• Misinterpretation of Results: Misreading or overlooking test results that indicate a pulmonary embolism could also constitute a breach of duty.
• Delayed Diagnosis: If the provider recognized the symptoms but failed to act on them promptly, leading to a delayed diagnosis, this too can be considered a breach.

Causation

Causation in a medical malpractice case is the link between the health care provider’s negligence and your physical and psychological injuries. You need to demonstrate that the misdiagnosis or delay in treatment was a significant factor in the onset of your medical condition. For instance, showing how that doctor’s misdiagnosis was the direct cause of the pulmonary embolism. You must be able to link the impact directly to the neglect.

Damages

Finally, you must prove that you sustained real damages, such as extensive medical costs, due to the misdiagnosis.

What Compensation May I Be Entitled To?

If your medical malpractice claim is successful, you may be eligible to receive various forms of compensation for your damages, which may include:

Medical Expenses

Any medical costs you incurred due to the misdiagnosis, such as diagnostic testing, surgery, hospital stays and other related and necessary treatments. This compensation also covers future medical treatments. For example, you may incur additional medical costs if you need ongoing treatments or rehabilitation.

Lost Wages

If the misdiagnosis affected your ability to work, you may be eligible to recover that lost income. You may receive lost wages compensation if you have a semi-permanent or disabling injury that could cause you to miss significant time off work.

Pain and Suffering

This compensation addresses the physical pain and emotional distress resulting from the misdiagnosis.

Claims for emotional distress could be included if you are suffering from anxiety or emotional trauma caused by ongoing health problems or complications.

Loss of Consortium

If the misdiagnosis has affected your relationships with family members, you may receive damages for loss of consortium. This compensation addresses the strains and emotional toll of misdiagnosis on your relationships with spouses.

What Are the Signs of Pulmonary Embolism?

A pulmonary embolism occurs when a blood clot blocks one or more lung arteries. This blockage can restrict blood flow, leading to serious health issues such as heart damage, lung damage or even sudden death.

Common symptoms of a pulmonary embolism include:

• Shortness of breath
• Chest pain
• Coughing up blood
• Rapid heartbeat
• Light-headedness or fainting
• Excessive sweating
• Discolored skin

Frequently Asked Questions About Pulmonary Embolism Misdiagnosis Compensation

Can you sue for a pulmonary embolism misdiagnosis?

Yes, you may be able to sue if a healthcare provider failed to recognize signs of a pulmonary embolism and the delay caused serious harm. Liability depends on whether the provider breached the standard of care by missing symptoms, risk factors, imaging needs or follow-up testing. The Law Offices of Peter T. Nicholl can review whether the misdiagnosis supports a malpractice claim.

What symptoms of pulmonary embolism are commonly missed?

Shortness of breath, chest pain, rapid heartbeat, dizziness, coughing blood and unexplained leg swelling may be signs of a pulmonary embolism. A malpractice claim may arise when these symptoms were present but not properly evaluated through appropriate testing or referral. The legal focus is whether earlier diagnosis could have prevented the injury or death.

How does a pulmonary embolism misdiagnosis cause harm?

A pulmonary embolism misdiagnosis can cause harm by delaying blood thinner treatment, emergency care or procedures needed to prevent the clot from worsening. Legally, the patient must show that the delay caused additional injury beyond the original condition. That may include cardiac strain, respiratory failure, organ damage, permanent limitations or death.

What compensation may be available after a pulmonary embolism misdiagnosis?

Compensation may include medical expenses, lost income, pain and suffering, reduced quality of life and future care needs. The value of the claim depends on the severity of the harm caused by the delay, including hospitalization, long-term complications or permanent impairment. The Law Offices of Peter T. Nicholl can evaluate damages tied to the diagnostic failure.

What evidence is needed to prove pulmonary embolism malpractice?

Evidence may include emergency room records, imaging orders, lab results, D-dimer testing, CT scan history, vital signs, discharge notes and expert medical review. These records help show whether the provider ignored symptoms or failed to order appropriate testing. In pulmonary embolism cases, timing is critical to proving causation and preventable harm.

Can an emergency room be liable for missing a pulmonary embolism?

Yes, an emergency room may be liable if staff failed to evaluate pulmonary embolism symptoms according to accepted medical standards. Liability may involve missed risk factors, inadequate testing, premature discharge or failure to respond to abnormal vital signs. The Law Offices of Peter T. Nicholl can examine whether the ER visit should have led to diagnosis and treatment.

When should I contact a lawyer after a pulmonary embolism misdiagnosis?

You should contact a lawyer as soon as you suspect a missed or delayed diagnosis caused preventable harm. Pulmonary embolism malpractice cases often require fast preservation of records, expert review and analysis of Maryland filing deadlines. The Law Offices of Peter T. Nicholl can assess whether the medical timeline supports a legal claim.

Can a pulmonary embolism misdiagnosis lead to a wrongful death claim?

Yes, a pulmonary embolism misdiagnosis may support a wrongful death claim if earlier diagnosis and treatment would likely have prevented death. The legal issue is whether the provider’s failure to diagnose caused a fatal delay in anticoagulation, monitoring or emergency intervention. Surviving family members may be able to pursue damages under Maryland law.

Contact an Experienced Maryland Medical Malpractice Attorney

If you or a loved one has suffered due to a misdiagnosis of a pulmonary embolism, we encourage you to seek experienced legal guidance to explore your options for compensation.

The legal team at The Law Offices of Peter T. Nicholl understand the difficulty of medical malpractice cases, but we manage these cases every day. We have extensive knowledge of medical malpractice laws in Maryland and are prepared to fight for the maximum possible compensation you are eligible to receive.

Call today to request a free consultation with a qualified attorney at our firm: 410-220-5827.

Related Resources

• Failure to diagnose and misdiagnosis claims
• Blood clot misdiagnosis lawsuits in Maryland
• Proving the standard of care in malpractice cases