When you seek medical attention for a suspicious lump, nagging pain, or after a traumatic injury, you trust that your doctors will accurately interpret your test results and diagnose any significant findings. Unfortunately, failures to identify tumors or fractures can have life-altering and sometimes fatal consequences. In Michigan, these oversights are not just simple mistakes—they may form the basis for a medical malpractice claim if they result from a healthcare provider’s negligence. If you or a loved one has suffered harm due to a missed tumor or fracture, understanding your rights and legal options is essential.

Understanding How Missed Diagnoses Happen

It can be shocking to learn that a significant diagnosis like a tumor or a fracture was overlooked by a medical professional. These errors occur for various reasons, including inadequate physical examinations, failure to order or properly interpret diagnostic tests like X-rays, MRIs, or CT scans, and lack of follow-through on concerning symptoms. Sometimes, doctors may dismiss a patient’s complaints or attribute symptoms to less serious causes without adequate investigation.

For example, a patient may visit the emergency room after a fall, only to be told they suffered a sprain. If the treating physician fails to order proper imaging or misreads an X-ray, a fracture can go undetected. Similarly, radiologists might overlook a mass on a scan, or a primary care physician might ignore a radiology report’s recommendation for further evaluation of a suspicious nodule or shadow. These failures can delay necessary treatment, allowing conditions like cancer or severe bone injuries to worsen.

Why Early Detection Matters in Tumors and Fractures

The stakes are high when it comes to timely diagnosis of tumors and fractures. In the case of tumors, early discovery often makes the difference between a curable cancer and one that has spread to other parts of the body. For instance, a lung nodule should be closely monitored, as noted in Smith v. Ascension, where failure to surveil a lung nodule led to a fatal cancer diagnosis years later. Patients missed out on potentially life-saving treatments because doctors did not follow up as standard care would require.

Missed fractures can be equally devastating. Undiagnosed broken bones may heal improperly, leading to chronic pain, loss of function, additional surgeries, or even permanent disability. In some situations, an untreated fracture near vital structures can result in nerve damage, blood vessel injury, or serious infections.

Healthcare providers in Michigan are held to a standard of care that requires them to act with the diligence and skill expected of others in their field and community. When they fail to meet that standard, the consequences can be catastrophic.

How Michigan Law Treats Medical Malpractice Claims for Missed Diagnoses

Michigan law recognizes that failing to identify significant medical conditions like tumors or fractures may constitute medical malpractice if it results from a healthcare provider’s failure to deliver reasonable care. To succeed in a medical malpractice claim, the injured patient must show that:

• A provider-patient relationship existed.
• The provider’s actions fell below the accepted standard of care.
• The failure to diagnose was the direct cause of harm.
• Real damages, such as medical expenses or lost earning capacity, resulted from the negligence.

The law in Michigan imposes strict timelines on these claims. Generally, you have two years from the date of the alleged malpractice to file a lawsuit. If the negligence is not discovered right away, you may have six months from the date of discovery, but no more than six years after the event unless there is fraud or concealment involved.

Before filing a claim, Michigan requires patients to serve a Notice of Intent to Sue to the provider at least 182 days before filing the lawsuit. This period is vital for both parties to review and potentially resolve the dispute before litigation.

What Damages Are Recoverable in Missed Tumor or Fracture Cases?

When a provider’s failure to identify a tumor or fracture results in additional harm, Michigan law allows the injured patient or their family to seek compensation for a variety of damages. These include:

• Costs of additional surgeries, treatments, or rehabilitation
• Lost wages and future earning capacity
• Pain and suffering caused by prolonged illness or disability
• Emotional distress and mental anguish
• Loss of consortium for spouses and family members

Consider the consequences in Perrin v. Oakwood Hospital, where a missed colon cancer diagnosis led to stage IV disease and a diminished life expectancy. The plaintiff sought damages not only for medical expenses but for unnecessary pain and suffering and loss of companionship for family members.

These cases underscore why it is critical to consult a Michigan medical malpractice lawyer with experience in handling complex medical negligence lawsuits. The right lawyer can help you gather evidence, consult with medical experts, and build the strongest case for compensation.

Choosing the Right Michigan Medical Malpractice Attorney

Given the complexities involved in proving that a missed diagnosis was due to negligence rather than a reasonable error, selecting the right legal representation is key. Medical malpractice claims often require testimony from independent physicians who can explain what the standard of care is and how it was breached in your case. An attorney familiar with Michigan’s legal and medical landscapes will know how to locate the right experts and present your case effectively.

When interviewing attorneys, ask about their specific experience with malpractice cases involving missed tumors or fractures. Find out about their track record, how they approach negotiations and litigation, and the resources they bring to the table. Many reputable firms, such as Sommers Schwartz, P.C., offer free consultations to help you understand your options without obligation.

For individuals in Detroit, Detroit medical malpractice lawyer services are available to provide more localized support, and the same applies to Dearborn medical malpractice attorney, Sterling Heights medical malpractice attorney, and Westland medical malpractice lawyer.

FAQs About Failure to Identify Tumors or Fractures and Medical Malpractice Claims in Michigan

How do I know if a missed tumor or fracture qualifies as medical malpractice in Michigan?

If a healthcare provider failed to recognize a tumor or fracture, and that oversight resulted from a deviation from accepted medical standards, and it led to serious harm, you may have a claim. Consulting a top-rated medical malpractice lawyer will help determine if your case meets these criteria.

What evidence is needed to pursue a medical malpractice claim for a missed diagnosis?

Typical evidence includes medical records, imaging studies, test results, and testimony from medical experts who can establish what should have been done and how the standard of care was breached.

What is the deadline for filing a claim if my tumor or fracture was missed?

In Michigan, claims must usually be filed within two years of the negligent act, or within six months of discovering the malpractice, but not later than six years after the event unless specific exceptions apply.

What compensation can I receive for harm caused by a missed tumor or fracture?

Damages may include medical expenses, additional treatment costs, lost wages, diminished earning capacity, pain and suffering, and emotional distress. Each case is unique, so potential compensation depends on your specific injuries and losses.

Other Resources About Radiology and Imaging Malpractice

• Performing Unnecessary Imaging Procedures and Michigan Medical Malpractice Claims
• Delayed Reporting of Findings and Michigan Medical Malpractice Cases
• Failure to Identify Tumors or Fractures and Medical Malpractice Claims in Michigan
• Misinterpretation of Scans and Michigan Medical Malpractice Cases