When you trust a doctor with your symptoms, you expect a careful examination, the right tests, and an accurate answer. When a serious condition is missed, mistaken for something minor, or caught too late, the consequences can follow you and your family for years. At Cimino Law Office, LLC, we understand how frightening it is to learn that an illness could have been treated sooner, and we are here to help you understand your rights.
As a misdiagnosis lawyer in Denver, CO, John Cimino brings nearly four decades of legal experience to patients and families who believe a diagnostic error changed the course of their care. We review what happened, explain whether the standard of care was met, and help you decide on a path forward with clear, honest guidance.
Not every wrong diagnosis is malpractice. Medicine is complicated, and some conditions are genuinely difficult to identify. A diagnostic error becomes malpractice when a reasonably careful provider, in the same situation, would have recognized the problem and the delay caused real harm. Common examples include:
Cancer that was missed on imaging or never tested for despite warning signs; heart attacks and strokes dismissed as anxiety, indigestion, or a migraine; infections such as sepsis or meningitis that were not recognized in time; fractures and internal injuries overlooked in the emergency room; and abnormal lab or pathology results that were never followed up or communicated to the patient.
In each of these situations, the question is the same: would a competent physician have reached the right diagnosis sooner, and would earlier treatment have made a difference for you?
A failure to diagnose claim is closely related to a misdiagnosis claim, but it focuses on what was never done. A provider may have skipped a test that your symptoms called for, failed to refer you to a specialist, or ignored a family history that pointed to a serious risk. As a failure to diagnose attorney serving patients across Colorado, our firm looks closely at the medical records to identify where the process broke down and who was responsible.
Misdiagnosis claims are one part of the broader field of medical malpractice, and they often involve more than one provider, including primary care offices, urgent care clinics, radiologists, and hospital emergency departments.
Colorado law generally requires an injured patient to show four things: that a doctor and patient relationship existed, that the provider fell below the accepted standard of care, that this failure caused harm, and that the harm resulted in real losses. Losses may include additional medical bills, lost income, a worse prognosis, pain and suffering, or the loss of a loved one.
These cases depend heavily on medical evidence. Colorado also requires a Certificate of Review in most professional negligence cases, confirming that a qualified expert has reviewed the claim and believes it has merit. We help you gather the records and build the evidence a claim of this kind requires.
Colorado sets strict time limits on medical malpractice claims. In most cases, a lawsuit must be filed within two years of when you knew, or reasonably should have known, about the injury and its cause, and there is also an outer limit that can bar a claim even if the error was discovered late. Some exceptions apply, which is why it is important to speak with a lawyer as soon as you suspect something went wrong.
If you believe a doctor missed or delayed your diagnosis, you do not have to sort through the medical and legal questions alone. Our firm serves clients in the Denver area and across Colorado, including Boulder, Colorado Springs, Fort Collins, and Brighton. Call (720) 434-0434 or schedule a free consultation today, and let us review your situation with the care and attention it deserves.
Cimino Law Office, LLC represents Colorado patients whose serious conditions, such as cancer, heart attack, stroke, or sepsis, were missed, mistaken for something minor, or diagnosed too late. The firm reviews medical records to determine whether a reasonably careful provider would have reached the right diagnosis sooner and whether earlier treatment would have changed the outcome.
Is every wrong diagnosis considered malpractice?
No. A misdiagnosis becomes malpractice only when a reasonably careful provider in the same situation would have reached the correct diagnosis and the delay caused real harm. Some conditions are genuinely difficult to identify, so each case depends on the medical records and expert review.
What conditions are most often misdiagnosed?
Cancer, heart attacks, strokes, sepsis, and other serious infections are among the conditions most often missed or diagnosed late. Fractures and internal injuries overlooked in emergency rooms, and abnormal test results that are never followed up, also lead to claims.
What is the difference between misdiagnosis and failure to diagnose?
A misdiagnosis means a provider identified the wrong condition, while a failure to diagnose means the provider never identified the problem at all. Failure to diagnose claims often involve skipped tests, missed referrals, or ignored warning signs.
How long do I have to file a misdiagnosis claim in Colorado?
Most Colorado medical malpractice claims must be filed within two years of when you knew, or reasonably should have known, about the injury and its cause. An outer time limit can also bar some claims even when the error is discovered late, so it is important to speak with a lawyer promptly.
