Houston Medical Misdiagnosis, Failure to Diagnose, and Failure to Treat Attorney

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Misdiagnosed or dismissed in Houston? Speak with a lawyer who knows how to hold doctors accountable.

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Michael E. Pierce
Michael E. Pierce

What if a doctor told you nothing was wrong—only for your condition to worsen?

Misdiagnosis, delayed diagnosis, and failure to treat rob patients of the care they need. Instead of receiving answers, people are left with uncertainty while their health declines. 

Pierce Skrabanek represents individuals harmed when medical providers overlook symptoms, misread results, or fail to diagnose an illness. We know how to hold hospitals and physicians accountable when those failures cause lasting harm.

Fill out our online contact form to schedule a free, confidential consultation, or call us at (832) 690-7000 to speak with a Houston misdiagnosis lawyer about your case.

“My experience with Mr. Skrabanek was honestly far better than all expectations that we had. He took care of us like we were family, making sure me and my wife always felt like a priority and walked us through all of the concerns that we had. If you are looking for a professional who truly cares for his clients you can stop the search. You won’t be disappointed.”

— Daryl M. | Client

What Is the Difference Between a Misdiagnosis and a Missed Diagnosis?

Understanding the difference between a misdiagnosis and a missed diagnosis helps patients in Houston recognize when a medical mistake may have occurred. 

Misdiagnosis

A misdiagnosis occurs when a provider gives the wrong explanation for a patient’s symptoms. One well-known case is Valentino’s Syndrome, which caused the death of Old Hollywood film star Rudolph Valentino at age 31. The condition—a perforated ulcer—was mistaken for appendicitis. Doctors removed a healthy appendix while the real issue remained untreated.

Missed Diagnoses

A missed diagnosis involves a failure to diagnose the condition at all. As a result, the condition may worsen while the opportunity for early treatment passes. One widely reported case involved 12-year-old Rory Staunton, who developed a serious infection after a minor cut. Despite showing signs of sepsis, he was discharged from the emergency room without a diagnosis. He died days later after the infection spread untreated.

Diagnostic errors don’t just delay answers—they can cause irreversible harm. Patients suffer the cost when providers miss warning signs or misread test results.

Pierce Skrabanek knows how to hold healthcare systems accountable in these cases.
Call (832) 690-7000 to speak with a Houston medical misdiagnosis lawyer or reach out online to schedule a free case review.
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Commonly Misdiagnosed Conditions and Diseases

Hospitals, clinics, and urgent care centers across Houston frequently misdiagnose, miss, or fail to treat various medical issues. These errors can stem from symptoms resembling other conditions, leading patients to receive care that doesn’t match what’s wrong.

Conditions and diseases commonly misdiagnosed include:

  • Cancer—including breast, ovarian, cervical, prostate, and lung cancer, sometimes mistaken for infections or benign growths;
  • Fibromyalgia—confused with arthritis or chronic fatigue due to its widespread pain and overlapping symptoms;
  • Chronic Fatigue Syndrome (CFS)—mislabeled as depression or fibromyalgia, which delays appropriate care;
  • Irritable Bowel Syndrome (IBS)—misidentified as celiac disease or inflammatory bowel disease (IBD);
  • Endometriosis—dismissed as menstrual cramps or digestive issues, delaying diagnosis and treatment;
  • Multiple Sclerosis (MS)—misread as fibromyalgia or vitamin deficiency because of shared neurological signs;
  • Pulmonary embolism or appendicitis—emergency conditions that may be mistaken for less urgent issues;
  • Lyme disease—an infectious illness caused by tick bites that can affect joints, cognition, and nerve function. When test results are inconclusive, it may be mistaken for CFS or fibromyalgia;
  • Lupus—an autoimmune disease with symptoms like joint pain, rash, and fatigue, commonly misdiagnosed as rheumatoid arthritis or fibromyalgia;
  • Parkinson’s disease—a progressive neurological disorder sometimes confused with essential tremor or age-related movement changes;
  • Migraines—misdiagnosed as sinus or tension headaches, especially when symptoms include nausea or visual disturbances; and
  • Celiac disease—an autoimmune reaction to gluten that mimics IBS and other digestive conditions, with diagnosis frequently delayed for years.

Rare illnesses are sometimes called “zebra” diagnoses, referring to a phrase taught in medical school: “When you hear hoofbeats, think horses—not zebras.” The idea is to assume common conditions are more likely than rare ones. That mindset can lead to missed or incorrect diagnoses of diseases like lupus or Ehlers-Danlos syndrome, especially when symptoms don’t follow textbook patterns.

What Are the Statistics on Medical Misdiagnosis Fatalities?

Medical misdiagnosis remains one of the most underreported threats to patient safety in the United States. In Houston and across the country, people seek help for symptoms that turn out to be far more serious than originally diagnosed—or never diagnosed at all.

A major study by researchers at Johns Hopkins University, funded by the Society to Improve Diagnosis in Medicine, analyzed over 55,000 malpractice claims. The findings reveal how common and dangerous diagnostic errors can be:

  • Nearly three-quarters of serious misdiagnosis-related harm falls into just three categories—cancer (37.8%), vascular events like stroke or aneurysm (22.8%), and infections such as sepsis or pneumonia (13.5%);
  • Roughly 12 million people in the U.S. are affected by diagnostic errors each year—many of whom experience missed or delayed treatment;
  • Between 40,000 and 80,000 deaths occur annually due to complications from misdiagnosis—a range that reflects both hospital and outpatient data;
  • One in three misdiagnoses leads to serious harm or death—including permanent injury, organ failure, or loss of life; and
  • Women and people of color face a 20% to 30% higher risk of being misdiagnosed—underscoring long-standing disparities in access to accurate care.

If you are injured by diagnostic failures, you are not just a statistic to the medical misdiagnosis attorneys at Pierce Skrabanek. Contact a Houston failure to diagnose attorney for fierce advocacy in seeking the resources you need for proper treatment and recovery.

“I’ve sat across from patients who knew something was wrong—but kept getting sent home. They weren’t asking for anything complicated. They just wanted a doctor to listen. When that trust is broken, and someone ends up with an injury that could’ve been avoided, we step in to make sure it’s taken seriously.”

— Michael Pierce | Founding Partner at Pierce Skrabanek

What Could a Medical Misdiagnosis Lawsuit Do for You?

A lawsuit may offer a way to hold providers accountable when a diagnostic error causes harm. Patients in Houston file claims to recover losses and address the serious effects of delayed or incorrect care.

To support a medical misdiagnosis claim, a Houston misdiagnosis lawyer works to prove four core elements:

  • The provider owed a legal duty to the patient;
  • That duty was breached through a missed or incorrect diagnosis;
  • The breach directly caused the injury; and
  • That injury resulted in measurable harm.

In qualifying cases, a lawsuit may lead to compensation for:

  • Medical costs,
  • Lost income,
  • Physical pain and emotional distress, and
  • Wrongful death if a loved one died due to a provider’s failure to diagnose or treat a life-threatening condition.

Legal action can also prompt change. A lawsuit may expose systemic failures, lead to updated protocols, or hold individual providers accountable for dangerous conduct. A Houston medical attorney can assess whether the facts of your case meet the standard for a medical malpractice claim under Texas law.

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Testimonials

Read what our past clients have to say about our legal services. 

Daryl M.

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“My experience with Mr. Skrabanek was honestly far better than all expectations that we had. He took care of us like we were family, making sure me and my wife always felt like a priority and walked us through all of the concerns that we had. If you are looking for a professional who truly cares for his clients you can stop the search. You won’t be disappointed.”

Denise J.

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“Mike and his team helped me settle an injury claim case. I was informed and helped through every step and they were always professional and very responsive. I really enjoyed working with them.”

Victoria S.

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“My attorney, Michael, did an amazing job with my case. He’s a straight shooter and has a vast knowledge of the law combined with an extensive amount of experience, making him a fantastic attorney. I fully recommend this firm.

Thank you Pierce Skrabenek!”

Gabriela C.

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“Paul Skrabanek of the law firm Pierce Skrabanek was very professional and went above & beyond in handling my daughter's case. Very dedicated, worked diligently, and got justice for my family. If I could give a higher rating than 5 stars I would. Thank you and your firm for such tenacity.”

Raymond H.

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“These guys are awesome, they were very informative from the beginning to end, working with them was super smooth, and I had all questions answered thoroughly. The whole team at this firm works to help in every way they can. They were able to get me the compensation I deserved and exceeded my expectations. If you’re ever in need of a stellar team to stand behind you and work for you, these guys are the ones you would want in your corner.

Thank you very much Paul and thank your team for me.”

Cam F.

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“Working with Paul Skrabanek was a very positive experience. He helped me understand the legal process as someone who has never been a part of a lawsuit, and was able to get me settled quickly and painlessly! Loved working with Pierce Skrabanek law firm!”

Michele R.

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Michael Pierce and his team, especially Krystle, were very professional, always available (even on weekends), and very knowledgeable. We appreciate their hard work on our case and the time they took to explain every detail as our case progressed. Mike is a phenomenal attorney and we highly recommend them for your legal needs.”

Beverly C.

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“I found Mr. Skrabanek to be very trustworthy, creditable, and genuinely concerned about my well-being while I was going through this very difficult process. He showed constant concern for me being completely satisfied before making any final decisions.”

Diane T.

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“Fantastic team of attorneys and staff dedicated to their clients. Michael Pierce is an outstanding trial attorney for personal injury cases.”

Deborah S.

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“We watched, participated & listened to Paul Skrabanek fight for a settlement which we could be happy with. Just this month the case has been put to rest.”

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Contact a Houston Failure to Treat Lawyer at Pierce Skrabanek

Medical misdiagnosis represents a breach of trust between provider and patient. These errors occur across hospitals and clinics in Houston, often when symptoms are minimized or testing is delayed. The result may be unnecessary procedures, permanent injury, or the loss of someone who never received the proper care.

A Houston failure to treat attorney at Pierce Skrabanek can examine what went wrong and evaluate whether the provider met the accepted standard of care. Medical malpractice cases carry a statute of limitations in every state that narrows your window of time to seek compensation.

Why Hire Pierce Skrabanek?

Pierce Skrabanek is a Texas-based personal injury law firm with national reach and years of experience handling medical misdiagnosis claims. We have successfully won and settled countless medical malpractice cases, including those which contained or hinged on medical misdiagnosis. 

Fill out our online contact form to schedule a free, confidential consultation, or call us at (832) 690-7000 to speak with a Houston medical misdiagnosis attorney about your case. We care about your healthcare and will help you seek justice under the law.

Frequently Asked Questions

What qualifies as a medical misdiagnosis?

A misdiagnosis may involve identifying the wrong illness, failing to diagnose a condition, or delaying care. It can also include not responding to severe symptoms or failing to admit a patient who needs treatment.

What are commonly misdiagnosed conditions?

Conditions often misdiagnosed in Houston include cancer, diabetes, fibromyalgia, and Celiac disease. Errors also occur with heart attack, stroke, and pulmonary embolism. Rare diseases like lupus and Ehlers-Danlos syndrome are regularly missed.

How does a Houston misdiagnosis lawyer prove a case?

A Houston medical misdiagnosis lawyer must show the provider owed a duty, failed in that duty, and caused injury. Evidence typically includes medical records, expert review, and documentation of harm.

What could a Houston misdiagnosis lawsuit do for me?

A Houston failure to diagnose lawyer may pursue compensation for medical bills, lost wages, and other harm linked to the error. Some lawsuits also address emotional and physical pain caused by delayed care.

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Real Results for Real Challenges

We know how tough things can get after an injury. That’s why we make your struggles our fight. With over three decades of combined experience, we’ve been the reliable allies our clients need, tackling financial hardships, physical pain, and major life changes. Our track record of successful verdicts and settlements speaks to our team’s passion and dedication to helping clients get the support and justice they need.

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$1.5 Million Verdict in Offshore Injury Case

Served as lead trial counsel in a case involving allegations that an offshore dispatcher physically assaulted a coil-tubing supervisor. Plaintiff claimed that the offshore dispatcher assaulted him when he returned to the dock following an offshore job. Despite the fact that multiple witnesses provided conflicting accounts of the incident, the plaintiff obtained a total settlement in excess of $1.5 million shortly before trial.

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