All Practice Areas

Misdiagnosis

Nebraska Misdiagnosis & Delayed Diagnosis Lawyer

A missed cancer diagnosis is the difference between an early-stage curable tumor and a stage-IV fight. A missed stroke is the difference between full recovery and lifelong disability. When a doctor or ER fails to diagnose a condition another reasonable physician would have caught, we bring the malpractice case.

What to do right now

  • Request all imaging, lab results, and radiology reads
  • Get an independent second opinion immediately
  • Do not accept a hospital's 'peer review' as the final word
  • Call us early — statute deadlines run from the missed diagnosis

What you need to know

The standard is what a reasonable doctor would do

Diagnosis errors are judged against what a similarly trained physician would have concluded from the same symptoms.

Radiology overreads

Missed findings on imaging are common. Independent radiologist overreads often reveal the tumor or bleed that was there all along.

Causation is the second fight

We have to show that earlier diagnosis would have changed the outcome. Oncologists and specialists give us that testimony.

Common causes

  • Missed cancer diagnosis (breast, colon, lung, cervical)
  • Missed or delayed stroke diagnosis
  • Missed heart attack in the ER
  • Missed pulmonary embolism
  • Failure to read imaging correctly
  • Failure to follow up on abnormal labs

Who can be held liable

  • The primary care physician
  • Emergency room doctors and hospitals
  • Radiologists and pathologists
  • Specialists who missed referrals

Compensation we pursue

  • Cost of the more aggressive treatment now required
  • Lost earning capacity and life expectancy damages
  • Pain and suffering (subject to state caps)
  • Wrongful death damages

Filing deadlines

Most Nebraska personal injury claims must be filed within 4 years from the date of injury. Iowa has a 2 year statute for injury claims and South Dakota has a 3 year automobile injury statute. Wrongful death timelines can be shorter along with claims against governmental subdivisions. Call as soon as possible — evidence disappears fast.

Frequently asked questions

How do I prove a missed diagnosis case?+

With expert witnesses — a specialist who reviews the records and testifies to what the diagnosis should have been and when it should have been made.

The doctor said the delay didn't change the outcome. Is that true?+

That's the defense argument. Our oncologists and specialists analyze staging, survival rates, and treatment options at the earlier point in time to prove the delay mattered.

Proudly serving injured clients across Nebraska, Iowa & South Dakota

Based in midtown Omaha, we represent injured people throughout the region, including Omaha, NE, Lincoln, NE, Bellevue, NE, Papillion, NE, Council Bluffs, IA, Sioux Falls, SD, Sioux City, IA, Atlantic, IA, Grand Island, NE, Kearney, NE, Fremont, NE, Norfolk, NE, Columbus, NE, Hastings, NE, North Platte, NE, Scottsbluff, NE, Denison, IA, Red Oak, IA, Yankton, SD, Vermillion, SD, Mitchell, SD. Don't see your town listed? If you were injured in Nebraska, Iowa, or South Dakota, call us — we can travel to see you.

Ready to talk to Jeff?

Every consultation is free and confidential. You pay nothing unless we win.

24/7 phone intake

Injured? Talk to Jeff today.

Every call is confidential. Free consultation. You pay nothing unless we recover money for you.