Medical Malpractice - Misdiagnosis

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny


Misdiagnosis Attorney Cleveland

When you go to the hospital or visit a doctor, you should be confident that your doctor will accurately diagnose your ailment and provide you with the appropriate treatment plan. However, statistics show doctors get it wrong far too often.

Misdiagnosis is dangerous and can be fatal. Failure to receive a correct diagnosis not only leads to improper treatment, but it also prevents you from getting the treatment you may need to survive. If your symptoms worsen, or treatment is not working, do not hesitate to get a second opinion.

If you have a medical malpractice claim because of a wrong diagnosis or a delayed diagnosis, you need to call me. I am an experienced medical malpractice lawyer, and I’ll Make Them Pay!®

Reasons For A Medical Malpractice Lawsuit

There are various reasons why an individual may file a medical malpractice misdiagnosis lawsuit. Some of the most common reasons are:

Delayed treatment

If your doctor fails to diagnose a condition promptly, it can lead to a delay in treatment. This setback can result in further injury or harm.

Misdiagnosis leading to wrong treatment

If the doctor diagnoses the wrong condition and proceeds with treatment based on that misdiagnosis, it can cause further complications to the patient. There is a possibility of administering medication for the wrong condition, or even performing unnecessary surgery.

Failure to diagnose a serious condition

Even a competent doctor can fail to diagnose a serious condition, such as cancer or heart disease. This type of medical negligence can be catastrophic because time is critically important for successful treatment.

Lack of informed consent

The doctor/patient relationship is built around trust. If a medical professional fails to inform the patient of the risks associated with a particular diagnosis or treatment, it can result in serious harm to the patient.


If a medical professional fails to provide a standard level of care, such as ordering appropriate tests or consulting with specialists, it can lead to the wrong diagnosis. Doctors are expected to exhibit the proper duty of care for every patient.

The most common types of misdiagnosis include:

Medical misdiagnosis occurs when a medical professional incorrectly identifies a condition or disease. Inaccurate diagnosis can lead to significant harm, including delays in treatment, unnecessary procedures, and even death.

These circumstances can result in a medical malpractice case. Medical malpractice lawsuits work to ensure doctors treat all patients with the necessary level of care. Here are the most commonly misdiagnosed conditions and the problems that can arise from each misdiagnosis:


Diagnostic errors of infections can lead to serious health issues. By impeding treatment, or performing unnecessary procedures, the end result can be dire. Infectious diseases are caused by harmful agents (pathogens) such as viruses, bacteria, fungi, and parasites that get into the body. Problems that can arise from misdiagnosing infections include:

Delay in treatment: Misdiagnosis of infections can lead to a delay in treatment, allowing the infection to worsen over time. Delayed treatment can lead to serious health consequences, including organ damage, sepsis, and in the worst circumstances, death. A misdiagnosed bacterial infection may lead to the improper use of antibiotics. This can contribute to antibiotic resistance, and make the infection more difficult to treat when properly diagnosed.

Unnecessary procedures: Infections need to be treated, and if distinguished incorrectly, can lead to unnecessary procedures, such as biopsies or surgeries. These procedures can be invasive, costly, and can cause unnecessary stress for the patient.

Transmission: If left untreated, infections can potentially lead to the spread of the disease to others, especially for those with compromised immune systems. If a patient is misdiagnosed with a less contagious condition, physicians and staff may not take proper precautions to prevent the spread of the infection.

Vascular Events

Misdiagnosis of vascular events can lead to worsening health conditions because of waiting for treatment or undergoing unnecessary procedures. Vascular events refer to conditions that affect the blood vessels, such as deep vein thrombosis (DVT), peripheral artery disease (PAD), and aneurysms. Problems that can arise from misdiagnosing vascular events include:

Delay in treatment: If the doctor does not determine the correct vascular issue the condition may worsen over time. If not treated promptly, serious health consequences can arise, including tissue damage, amputation, and even death.

A misinterpretation of deep vein thrombosis may lead to unsuccessful treatment, which can cause the blood clot to dislodge and travel to the lungs. This could lead to a potentially fatal condition known as a pulmonary embolism.

Incorrect procedures: Misidentified vascular problems can also lead to unnecessary procedures, such as surgeries or angioplasties. These procedures can be invasive, costly, and can cause unnecessary stress for the patient.

Inappropriate medications: A false diagnosis of a patients vascular problems can lead to incorrect medication regimens, and can potentially cause adverse drug reactions or worsen the underlying condition.

If an aneurysm is not properly diagnosed, it may lead to the use of antiplatelet drugs, which can increase the risk of bleeding and hemorrhage.


Delayed cancer diagnosis can have serious consequences. Unnecessary treatments may have their own risks and side effects. The cancer could get worse and spread over time. Anyone who is suffering from this serious disease relies on their doctor to get it right. Their life may depend on it!

Lung cancer is one of the most commonly misdiagnosed cancers, with nearly 38% of all cancer-related medical malpractice claims due to lung cancer misdiagnoses.

Misdiagnosis of other types of cancer can also occur, with potentially negative outcomes. Overdiagnosis, which is the diagnosis of a disease that would not have caused harm during a person’s lifetime, is another issue that can arise from false cancer determination. Unnecessary treatment and procedures can be very harmful to the patient.

It is important to speak openly and freely with all doctors, keep copies of medical records, and seek a second opinion if necessary to ensure an accurate cancer diagnosis. Dealing with a cancer misdiagnosis can be disastrous. If you need a medical malpractice attorney, call me today, and I’ll Make Them Pay!®

Heart Attack

Heart attacks can have serious consequences and improper treatment can have potentially fatal outcomes. Heart attacks occur when an artery that supplies blood and oxygen to the heart is blocked, often due to the buildup of fatty deposits known as plaques. Misdiagnosis of a heart attack may result in administering medication that is ineffective, or possibly failing to perform a necessary procedure such as cardiac catheterization.

Sometimes, heart attacks can be confused with other conditions that share similar symptoms, such as heart failure. It is important for healthcare providers to be aware of the symptoms and risk factors for heart attacks, and to perform a thorough evaluation. Appropriate testing to ensure accurate diagnosis and timely treatment is of critical importance.

I have more than 40 years of experience with medical malpractice cases. Call me day or night, free of charge, to talk to me about your medical misdiagnosis claim.

Venous Thromboembolism

Venous thromboembolism (VTE) can be a life-threatening condition if not diagnosed and promptly treated. Inappropriate treatment can result in serious complications, including a fatal pulmonary embolism (PE). Additionally, unnecessary anticoagulation can cause avoidable bleeding, which can lead to further complications.

It is important to adopt a structured approach to VTE diagnosis that includes clinical prediction rules, D-dimer testing, and non-invasive imaging modalities to enable rapid, cost-effective, and accurate VTE diagnosis. Therefore, it is crucial to recognize the symptoms of VTE and seek medical attention promptly.

The most common causes of deep vein thrombosis (DVT), a type of VTE, are damage to a vein from surgery, inflammation, infection, or injury. Certain factors such as age, cancer, surgery, and blood clotting disorders can increase the risk of developing DVT.

Aortic Aneurysm and Dissection

If left untreated, an aortic aneurysm can grow and eventually rupture, causing life-threatening internal bleeding. Similarly, an aortic dissection occurs when the inner layer of the aortic wall tears, allowing blood to flow between the layers and potentially causing the aorta to rupture.

Misdiagnosis can worsen the condition and reduce the chance of survival. In the case of Marfan syndrome, a genetic disorder that affects connective tissue and increases the risk of aortic aneurysm and dissection, prophylactic surgery is often recommended to prevent dissection and improve survival.

Timely and accurate diagnosis is crucial for effective management.

Clogged arteries

Misdiagnosis of clogged arteries can lead to heart attack, stroke, and even death. Clogged arteries, also known as arterial stenosis or atherosclerosis, occur when fatty deposits build up in the walls of the arteries, making it difficult for blood to flow through the arteries.

Misdiagnosis can occur because the symptoms of clogged arteries can be similar to those of other conditions, such as heartburn or indigestion. For example, chest pain is a common symptom of clogged arteries, but it can also be a symptom of other conditions like acid reflux or angina. If a complete blockage of blood flow to the heart occurs, it can lead to a heart attack. Similarly, if a clogged artery supplying blood to the brain is left untreated, it can lead to a stroke.

Diagnostic Errors In The United States

Medical misdiagnosis is a significant problem in the United States. One study estimates that as many as 12 million people are affected by medical diagnostic errors each year, and an estimated 40,000 to 80,000 people die annually from complications related to these misdiagnoses. In fact, medical errors in general are estimated to be the third leading cause of death in the United States, behind only heart disease and cancer.

Misdiagnosis in emergency rooms has been particularly problematic, with as many as 250,000 people dying every year because they are misdiagnosed in these settings. It should be noted that these statistics are estimates and may not reflect the full scope of the problem, as not all misdiagnoses may be reported or detected.

Diagnostic errors are clearly a huge issue in the medical community, and Cleveland hospitals are no exception. As part of the community, like you, I rely on competent doctors to use proper procedures and diagnostic practices. When they don’t, and we suffer from their negligence, they need to be held accountable. If you’ve experienced a failure to diagnose properly, and have a medical malpractice case, call me right away, and I’ll Make Them Pay!®

Filing A Medical Malpractice Lawsuit

It isn’t easy to recognize when misdiagnosis occurs, and that is what makes it so dangerous. The longer a person goes untreated because of an incorrect diagnosis , the worse the potential consequences.

It is important to look for the following warning signs to determine whether you or a loved one may have been misdiagnosed:

  • Unimproved or worsening condition after treatment

  • Diagnosis not in line with symptoms

  • Lack of medical testing

  • Uncommon symptoms attributed to common problem

If you believe your doctor may have made a misdiagnosis, it is important for you to seek a second opinion. In fact, in order to file a claim for medical malpractice, Ohio law requires you to have the sworn statement of another doctor who is willing to testify that a mistake was made. In this specific instance, the doctor must admit that the original doctor misdiagnosed the patient, and that the patient suffered damage as the result of the misdiagnosis.

If you or someone you love was misdiagnosed , you have to call me now for a FREE consultation. I will help you understand your rights. As your Medical Malpractice Lawyer, I’ll be there for you, and I’ll Make Them Pay!®


Krystle Banks
Krystle Banks
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Christine Filippelli
Christine Filippelli
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DeAndre Merritt
DeAndre Merritt
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Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
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Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.