Pittsburgh
Medical Misdiagnosis Lawyer

Nearly every treatment decision traces back to one moment: the diagnosis. Get that moment wrong, and everything that follows goes wrong with it. Patients lose the treatment window that could have changed their outcome, and some endure aggressive care for a condition they never had.

A missed or delayed diagnosis can leave patients and their families facing avoidable complications, additional treatment, and lasting uncertainty. At Ogg, Murphy & Perkosky, P.C., our Pittsburgh medical misdiagnosis attorneys are here to help you pursue accountability and the compensation you deserve.

Call Our Attorneys: (412) 471-8500

What Counts as Medical Misdiagnosis in Pennsylvania?

Doctors are allowed to be wrong. What they are not allowed to do is fall below the standard of care while getting there.

The legal question is always the same: would a reasonably careful physician, seeing the same symptoms and information, have reached the correct diagnosis or ordered the testing that would have revealed it?

Diagnostic failures tend to take one of four forms, and each points responsibility in a different direction:

  • Missed Diagnosis: A serious condition is present, but the physician concludes nothing is wrong. Cancers, heart attacks, and infections brushed off as minor complaints fall into this category.
  • Wrong Diagnosis: The patient is treated for one condition while a different one goes unaddressed. The treatment does nothing for the real problem and can cause harm of its own.
  • Delayed Diagnosis: The right answer arrives, but late. By then the condition has progressed, treatment options have narrowed, and the prognosis has worsened.
  • Failure to Order or Follow Up on Testing: Some cases start with a test that was never ordered, or a result that sat unreviewed and was never communicated to the patient.

The earlier this investigation begins, the easier it is to preserve the records and testimony that answer these questions.

Why Misdiagnosis Claims Are Different

A surgical error happens in a single moment, in a single room. A misdiagnosis rarely does. It builds across appointments, test orders, referrals, and follow-up decisions, sometimes over months. That timeline is where these cases are won or lost.

To prove the claim, we have to establish two things: that the diagnostic process fell below accepted standards, and that the error or delay actually changed your outcome. Getting there means answering questions like:

  • What symptoms and history did you present with each visit?
  • What should a reasonably careful physician have considered and ruled out?
  • What testing was ordered, and what was skipped?
  • At what point could the correct diagnosis have been made?
  • How did the delay affect your treatment options and your prognosis?

Understanding Your Rights After a Misdiagnosis

Several Pennsylvania statutes and rules shape how, and whether, a misdiagnosis claim moves forward:

An experienced attorney can work through each of these issues and identify every available source of compensation.

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Key Pennsylvania Medical Malpractice Rules

Pennsylvania medical malpractice claims involve important requirements, including a Certificate of Merit from a qualified professional.

Comparative negligence rules may also affect your recovery if the defense argues that your actions contributed to the harm.

  • Certificate of Merit: Pa. R.Civ.P. 1042.3 requires malpractice plaintiffs to file a certificate of merit confirming that a licensed professional believes the care fell below accepted standards.
  • Comparative Negligence: Under 42 Pa. C.S. ยง 7102, Pennsylvania’s modified comparative negligence system can reduce recovery if the defense argues you delayed seeking care or ignored medical instructions.

How We Build Misdiagnosis Claims

There is no shortcut in these cases. They come down to a complete record, qualified medical experts, and a timeline that shows exactly when the correct diagnosis should have been made.

  • Step 1: Learn About What Happened – Your case starts with a Free Case Evaluation, where we walk through your diagnostic history, identify the providers involved, and explain your legal options.
  • Step 2: Obtain the Complete Medical Records – Office notes, test orders, imaging, lab results, referral records. Each piece helps reconstruct the timeline, and we work to obtain and preserve all of it.
  • Step 3: Consult Qualified Medical Professionals – Physicians in the relevant specialties explain what the diagnostic process should have looked like and connect the failure to the harm you suffered.
  • Step 4: Handle Communications With the Defense – Providers and their insurers fight diagnostic error cases hard. We take over negotiations and communications so your interests stay protected.
  • Step 5: Pursue Full Compensation – Through settlement or litigation, we pursue compensation for medical expenses, the additional treatment the delay caused, lost income, pain and suffering, and other losses.
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Types of Misdiagnosis Cases We Handle

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Our firm represents patients and families harmed by diagnostic failures of every kind, including:

  • Pulmonary embolism and blood clot misdiagnosis
  • Appendicitis and other surgical emergencies dismissed as minor illness
  • Misdiagnosed fractures and internal injuries
  • Test results never reviewed or communicated

ABOUT
Why Choose Us For Misdiagnosis Cases

The defense in these cases almost always says the same thing: the condition was difficult to detect.

Overcoming that argument takes attorneys who know how to reconstruct the diagnostic timeline and hold every responsible provider accountable, whether the error happened in an emergency room, a specialist’s office, or a routine primary care visit.

Ogg, Murphy & Perkosky has advocated for injury victims in Pittsburgh and Western Pennsylvania for decades. We are committed to protecting your rights, managing the complexities of your claim, and pursuing the full compensation you deserve.

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“

I highly recommend Mike Murphy and John Perkosky. They kept us informed every step of the way. Both are incredibly caring and were readily available to answer any questions we had. I felt completely confident in their abilities and am extremely grateful for all that they did. Mike and John fought hard to get us the best possible outcome for our case.

โ€“ Cheryl G.
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The best firm in the city, and I'm not just saying that because of my name! Their level of legal knowledge here is unparalleled. Whether it's a personal injury or medical malpractice case, this firm is equipped to handle even the most complex matters. Their track record truly speaks for itself!

โ€“ Brandon O.
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This Law Firm has a very unique way of handling your case. They strive to maximize your settlement, and I appreciate their hard work and professionalism.

โ€“ Tyler B.
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I had such a great experience working with attorney Ben Gobel. His expertise and professionalism was evident throughout my case. He truly worked hard to bring me the best results. I highly recommend Ben for any personal injury issues.

โ€“ Ronald L.
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Attorney Ben Gobel was fantastic. He was accessible and spent a lot of time reviewing my case with me, providing me with all of my options, possible outcomes and his recommendations. I had many questions and he answered every one of them thoroughly. Ultimately, I felt heard and had a better than anticipated outcome to my case!

โ€“ Erin O.

Frequently Asked Questions About Pittsburgh Misdiagnosis Claims

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No. Medicine involves judgment, and some conditions genuinely resist detection. The line is crossed when a reasonably careful physician would have reached the correct diagnosis or ordered the testing that would have revealed it.

The error has to have changed your outcome. That might mean earlier treatment would have improved your prognosis, or that you went through harmful treatment you never needed. Medical experts establish this connection.

Responsibility can be shared. When multiple providers each had an opportunity to reach the correct diagnosis, we evaluate the role every one of them played in your care.

Pennsylvania generally allows two years under 42 Pa. C.S. ยง 5524, and the discovery rule may extend that deadline when the error comes to light later. Acting promptly is the safest way to protect your claim.

Yes. Pennsylvania recognizes wrongful death and survival actions when a diagnostic failure leads to a patient’s death. These claims carry their own requirements and deadlines.

Nothing upfront. We handle misdiagnosis cases on a contingency fee basis, so you owe no attorney fees unless we recover compensation on your behalf.

Contact Our Pittsburgh Medical Misdiagnosis Attorneys Today

A missed or delayed diagnosis can have life-changing consequences, and determining whether medical negligence occurred often requires a careful review of the facts. Our attorneys can investigate your claim, work with qualified medical experts, and pursue the compensation you deserve.

Contact us today at (412) 471-8500 for a free case evaluation. You pay no attorney fees unless we recover compensation for you.

Call (412) 471-8500 today for a free case evaluation.

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    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.

    245 Fort Pitt Blvd., Pittsburgh, PA 15222, US