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Failure to Diagnose

Proper diagnosis is crucial to healing, and any delay in treatment can jeopardize a patient’s chance of survival. If an illness is improperly diagnosed, the necessary treatment may not be administered while the true ailment grows worse.

Our attorneys have fought to defend the rights of those who received improper diagnoses and ineffective treatments, and we will fight to win you the compensation you deserve.

If you or a loved one were improperly diagnosed, contact us today for a free consultation.

Our Firm's Results

$8 Million for Failure to Diagnose Serious Brain Ailment

Wayne Spivey and Mike McGuckin obtained an $8 million settlement for a 46-year-old woman who was diagnosed with a suspected brain arteriovenous malformation – AVM – which is a tangle of abnormal and poorly formed blood vessels in the brain that increase the rate of bleeding. The woman’s primary physician referred to a neurosurgeon, who failed to properly identify the AVM after delaying a crucial study. Attorneys Spivey and McGuckin argued that the delay in diagnosis resulted in her AVM rupturing. She suffered permanent catastrophic injuries including locked-in syndrome, a condition in which she is awake and alert, but completely paralyzed. Fortunately, the woman eventually regained limited muscle function; however, after extensive rehabilitation, she requires round-the-clock care from her husband and hired caregivers. The settlement will allow her to remain at home and have the best medical care available.

Six-Figure Award for Failure to Diagnose Foot Injury

Mike McGuckin and Chad Galvin won a high six-figure award for a mother who fell and injured her foot at work. Her medical care provider failed to properly diagnose the seriousness of her injury, and a subsequent medical provider also failed to provide her with adequate treatment. The woman eventually required surgery to treat her injury and she now suffers a permanent physical disability. Attorneys McGuckin and Galvin were able to obtain a significant six-figure award from her medical provider for the failure to diagnose her injury.

Six-Figure Settlement for Failure to Diagnose Colon Cancer

Wayne Spivey and Mike McGuckin obtained a six-figure settlement for the failure to diagnose their client’s colon cancer. His family doctor failed to perform timely rectal examinations or arrange for a referral for a colonoscopy. The delay in diagnosis led to the man requiring surgery to place an opening and a bag as a new way for stool to leave his body.

$650,000 Settlement for Failure to Diagnose Pneumonia

Mike McGuckin and managing partner Robert Sachs negotiated a $650,000 settlement for the family of a woman who died from pneumonia complications. An emergency room X-ray revealed her pneumonia, but the attending doctor failed to note the diagnosis and offer appropriate treatment. Unfortunately, the woman died a week later.

 
Hot Coffee



The attorneys of Shrager, Spivey & Sachs urge you to watch the powerful and enlightening documentary "Hot Coffee." This powerful film examines "tort reform" and how special interests are trying to eliminate your constitutional right to a trial by jury. "Hot Coffee" is available on HBO through On Demand until September 11th, and we encourage you to watch the movie and take an active role in defending your rights. You can get started by viewing a list of Action Items that can help preserve the justice system for you and your loved ones.

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If you have suffered any form of personal injury and feel that you are not at fault, use this form to send a secure, confidential message to one of our personal injury lawyers today.