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Medical Misdiagnosis

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Tyler Lee profile picture
Tyler Lee
4 May 2026
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Bert Louthian and the Louthian Law Firm are some of the very best lawyers in South Carolina. Bert is a very active member of the S.C. Association for Justice and often helps other lawyer with legal questions. I would not hesitate to recommend anyone to this firm!!!
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Jay Ward
25 February 2026
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Great people, and there willing to do anything and everything to get what you deserve, I highly recommend them and will use them again
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Courtney Rose
12 February 2026
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Truly the best law firm. All parties involved were extremely helpful, caring and kind during a long, hard process. If it were not for them, We would not have been successful at receiving a settlement 100/10.
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courtney rivers
10 February 2026
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I recently had the pleasure of working with Louthian Law, and I can't say enough good things about my experience, particularly with Bert and Brianna. From the very first consultation, they took the time to listen to my concerns and made me feel truly heard. Their genuine care for my case was evident; they fought tirelessly on my behalf and always kept me informed every step of the way. Bert and Brianna were not only professional but also a pleasure to work with. Their dedication and commitment to achieving the best outcome for me were clear, and it made a significant difference in my experience. I felt supported and valued throughout the entire process. Thanks to their hard work and expertise, my case was handled wonderfully. I highly recommend Louthian Law to anyone seeking legal assistance. You won't find a more compassionate and dedicated team!
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Caleb Hulett
10 February 2026
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Absolutely INCREDIBLE!!! No issue getting questions answered quickly. Handled everything with absolute confidence and took away every bit of worry I had. Definitely recommend to anyone looking for an easy step by step Law Firm.
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ranay holmes
19 November 2025
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Briana was awesome! She was thorough , knowledgeable and apologetic when she couldn’t get back to me right away. Was recommended by a family member and would definitely recommend to other family members and friends!
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Shirley Crowder
24 October 2025
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Great services, very friendly! I will be going back to them if need be!!!
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Aneesa
9 October 2025
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Great firm with an amazing staff they were very helpful at explaining the process and keeping me informed along the way. I truly appreciate how patient and helpful they were throughout my recovery process. Thank you again.
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Drika Simmons
18 September 2025
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Attorney Bert and his Parlegal Brianna was amazing! I truly would recommend Louthian Law Firm to anyone.
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Jimmy Frick
11 June 2025
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Absolutely top rate firm! Bert is an outstanding attorney that puts his all into his clients. Brianna and Sarah were excellent paralegals that kept me up to date and knowledgable during the whole process. I can’t say enough about Bert and his staff! A++++
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Recent Results

Our goal is to provide the highest level of legal representation and financial compensation for our clients. Here are some of our recent results.

Have You Suffered From a Medical Misdiagnosis?

Misdiagnosis or missed diagnosis…either one can result in serious medical problems. In the worst cases, this form of medical malpractice can actually deprive someone of their life. Wrong diagnosis…Wrong treatment…When life goes wrong, we fight for what is right. Our experienced medical misdiagnosis lawyers will be your advocate when you face the consequences of a misdiagnosis. Call 803-592-6231 or use our online contact form.

Victims of misdiagnosis and their families should know that you’re not alone. In March of 2013, the Journal of the American Medical Association reported that almost 40 percent of patients who unexpectedly had to return to their primary care doctor after the initial visit had been misdiagnosed.

According to The American Journal of Medicine, 15 percent of all medical cases in developed countries are misdiagnosed. Millions of patients worldwide are being treated for the wrong conditions every year. A Mayo Clinic study found that 26 percent of cases were misdiagnosed while, according to The Journal of Clinical Oncology, up to a startling 44 percent of some types of cancer are misdiagnosed.

The Many Causes of Medical Misdiagnosis

We all know that it takes many years of advanced education to become a physician. Technology has brought us diagnostic equipment and tests that would boggle the minds of our ancestors. So why can’t we get a correct diagnosis and appropriate treatment?

An error in medical diagnosis may occur because of one of the following:

  • There may be multiple conditions with similar symptoms.
  • The doctor or other medical professional may be distracted or inattentive, missing important information.
  • The office or lab may be short staffed.
  • The doctor may miss something in a patient’s medical history.
  • Equipment may malfunction.
  • Lab tests sometimes have false positives or false negatives.
  • Your records could get mixed up with someone else’s.
  • Doctors seem to always be in a hurry. The average amount of time they spend with a patient is 15 minutes. In the hospital, it’s only 8 minutes, according to a study reported in the Journal of General Internal Medicine.
  • Test results may be accurate but be incorrectly interpreted.

Whatever the cause, a misdiagnosis can lead to a delay in the condition’s being properly treated, and this may lead to serious consequences and even death.

Types of Diagnostic Mistakes

Diagnostic errors usually fall into one of the following categories:

  • Wrong diagnosis, such as mistaking a heart attack for a gastrointestinal ailment.
  • Missed diagnosis, when the doctor fails to detect an illness or disease.
  • Delayed diagnosis, when a correct diagnosis is made, but after significant delay. Late diagnosis is one of the more common types of diagnosis error.
  • Failure to recognize complications, when a correct diagnosis is made but the doctor fails to identify complications or factors which change or aggravate the illness or condition.
  • Failure to diagnose a disease that occurs secondary to the primary condition.

Tragically, one of the most frequently missed and delayed diagnoses is that of cancer. Pulmonary embolism, drug reactions, acute coronary syndrome and stroke are also among the most frequent serious consequences of misdiagnosis. Emergency room misdiagnoses are likely to result in harm to the patient. For instance, appendicitis is the most common condition requiring emergency surgery in children; and yet, appendicitis is misdiagnosed in 28% to 57% of children under the age of 12 and in close to 100% of infants, according to Healthgrades, Inc.

Can You Sue a Doctor For Wrong Diagnosis?

The law does not hold doctors legally liable for all diagnostic errors, but in some cases a malpractice lawsuit will provide some compensation for injuries caused by medical mistakes.

There are generally three threshold questions:

  1. Was there a doctor-patient relationship?
  2. Was the doctor negligent?
  3. Did the negligence cause actual injury to the patient?

To be found negligent, a doctor or other medical professional must have deviated from the accepted standard of care. Not every instance of misdiagnosis results from incompetence or negligence. The key is to evaluate what the doctor did and did not do and determine whether another doctor in a similar specialty, under similar circumstances, would have arrived at the same diagnosis.

The seasoned professionals at The Louthian Firm Accident & Injury Lawyers can advise you about whether a medical malpractice lawsuit is appropriate in your situation.

If so, you may be able to receive damages such as the following:

  • compensation for physical and mental pain and suffering, loss of enjoyment of life, and loss of consortium
  • payment of hospital bills, drugs, physical therapy and other medical expenses
  • reimbursement of lost income due to time off work.

If a doctor told you that you have a condition or illness that you do not have, you may be able to show that it caused harmful anxiety and stress, and that the misdiagnosis led to the expense of unnecessary treatment.

Wrongful Diagnosis Claims Lawyers: We Can Help You Secure Justice

During our many decades of experience in South Carolina personal injury matters, we have helped numerous clients who suffered from medical malpractice, including misdiagnosis. While every case is different and the outcome cannot be guaranteed, some of the results we have obtained in medical malpractice cases are listed below:

  • $1,700,000 settlement of a medical malpractice claim on the fourth day of trial
  • $750,000 settlement of a medical malpractice claim

If you find yourself in a situation where you may have been harmed by a medical misdiagnosis, contact a personal injury lawyer at The Louthian Firm Accident & Injury Lawyers today so that we can start the journey to justice right away. Once you do, we’ll be on the case, around the clock. There’s no reason not to call, as the initial consultation is free. 803-592-6231 – Call now.

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