AWARD-WINNING PRESONAL INJURY LAWYERS Call Us Today (804) 358-1568

Emroch & Kilduff Logo
  • About Us
    • In the News
    • Attorney Referrals
    • About Us
    • Attorneys
    • Support Staff
  • Personal Injury
    • Virginia Car Accident
    • Virginia Truck Accident
    • Virginia Motorcycle Accident
    • Virginia Wrongful Death
    • Virginia Medical Malpractice
    • Virginia Slip & Fall Injury
    • Virginia Construction Accident
    • All Practice Areas
  • Locations
    • Richmond
      • Richmond Personal Injury
      • Richmond Car Accident
      • Richmond Truck Accident
      • Richmond Motorcycle Accident
      • Richmond Wrongful Death
      • Richmond Medical Malpractice
      • Richmond Slip & Fall Injury
      • Richmond Construction Accident
      • All Practice Areas
    • Tappahannock
      • Tappahannock Personal Injury
      • Tappahannock Car Accident
      • Tappahannock Truck Accident
      • Tappahannock Motorcycle Accident
      • Tappahannock Wrongful Death
      • Tappahannock Medical Malpractice
      • Tappahannock Slip & Fall Injury
      • All Practice Areas
  • Blog
  • Results
    • Testimonials
    • Our Results
  • Contact

Richmond Wrongful Diagnosis Law Attorney

Home >> Richmond Wrongful Diagnosis Law Attorney

Have you suffered from symptoms and side effects of treatments for an illness, only to have something suddenly change? If a medical provider has failed to give you an accurate diagnosis, you have been treated for an illness you don’t have, or you have missed out on potentially transformative management or a cure for a condition you do have, you may be wondering what to do next. If you have experienced wrongful diagnosis, contact the attorneys at The Law Offices of Emroch & Kilduff at (804) 358-1568 or online to discuss your case and learn if you qualify for compensation.

We Help People Whom Doctors Misdiagnosed

As many as 80,000 deaths per year are caused by wrongful diagnosis. The Law Offices of Emroch & Kilduff has experience in all areas of medical malpractice, including wrongful diagnoses, from missed diagnosis (overlooking or ignoring symptoms) to misdiagnosis (identifying the wrong condition). We have helped recover damages for clients harmed by wrongful diagnosis, and if you’ve suffered wrongful diagnosis we would like to hear the details of your case to determine if we can help you too.

Why Incorrect Diagnoses Hurt Patients

Wrongful diagnosis is when a doctor negligently or erroneously fails to diagnose an illness the patient has, or when a doctor mistakenly diagnoses one condition when a patient actually has another. In wrongful diagnosis cases, the patient may receive treatment for the wrong illness, have treatment delayed for the condition they actually have, or have no treatment at all. Any of these failures can cause:
  • Prolonged illness and suffering
  • Increased pain
  • More difficulty controlling symptoms
  • A more advanced form of the illness or disease to develop
  • Death

Diagnosis Is More Than a Doctor’s Responsibility

The diagnosing physician, who may be the patient’s primary care physician, a specialist, or other physician who managed the patient’s care or treatment, may be responsible for wrongful diagnosis. In some cases, the facility where the patient received medical care may also be responsible.

The Damage Wrongful Diagnosis Can Do

A wrongful diagnosis claim must establish that the doctor would have been able to appropriately diagnose the patient’s symptoms but for a breach of the duty of care. It must also be shown that the wrongful diagnosis caused damages to the patient. Damages may include:
  • Increased or unnecessary medical expenses, such as the cost of inappropriate treatments as well as additional medical bills for proper treatment;
  • Lost wages and lost earning capacity, including missed work for unneeded treatment, and sick time taken or lost employment after missed diagnosis;
  • Pain and suffering, including symptoms and side effects of unnecessary treatment, embarrassment, and depression; and/or
  • Funeral and burial expenses when wrongful diagnosis resulted in death.

Doctors and Hospitals Will Fight Back

Wrongful diagnosis defendants employ a range of tactics to avoid liability and damages. These may include attempting to prove the doctor could not have reasonably diagnosed the illness based on the symptoms. They may argue the patient failed to report all symptoms, or the symptoms were atypical of the illness. Alternatively, defendants may offer a settlement that doesn’t compensate for the patient’s real or projected damages. In many cases, insurance companies will willingly provide a settlement offer early in the process. Unfortunately, the offer may be inadequate and not reflect what the patient rightfully should receive for their wrongful diagnosis. Having a lawyer advocate for the patient helps ensure the best possible outcomes in wrongful diagnosis cases, because they will work to see that defendants are held responsible for their negligence.

Get the Legal Help You Need From Emroch & Kilduff

When you need a wrongful diagnosis lawyer, you don’t want big legal bills on top of your medical bills. Most law firms offer free consultations to discuss potential cases. If a lawyer agrees to pursue your wrongful diagnosis claim, you typically will not pay attorney’s fees and litigation costs upfront. Personal injury cases are often handled on a contingent fee basis, meaning the lawyer will deduct their fees and expenses from any eventual settlement or judgment. If you or someone you love has suffered from a wrongful diagnosis, you need a lawyer with experience to work on your behalf. Contact The Law Offices of Emroch and Kilduff online, or in Richmond at (804) 358-1568 to schedule a free consultation with one of our lawyers.

Free Case Consultation

This field is for validation purposes and should be left unchanged.

Practice Areas

  • All Practice Areas
  • Medical Malpractice
  • Nursing Home Injury
  • Pedestrian Accident
  • Slip & Fall Injury
  • Wrongful Death
  • Wrongful Diagnosis
  • Construction Accident
  • Car / Auto Accident
  • Truck Accident
  • Bus Accident Injury
  • Bicycle Accident
  • Premises Liability Accident
  • Product Liability
  • Traumatic Brain Injury
  • Spinal Cord Injury
  • Aviation Litigation
  • Boat Accident Injury
  • Railroad Accident
  • Gun Accident
The service was nothing less than but professional top tier communication here I loved how I was treated here I would recommend them to anyone I know who’s looking for a lawyer cause my team was the best here from beginning to the end made me feel like family my opinion matter they had my back all the way and my best interest thank you guys so much.

Keenya M.

From beginning to end it was great knowledge of resources, teamwork and patience from E & K that built an indisputable case. Their knowledge and hard work while constantly preparing for trial lead to the insurance company realizing they had no recourse. Skilled negotiation lead to an acceptable settlement following my car accident with disputed liability. Highly recommended!

Randy. S

I am beyond grateful to Emroch and Kilduff for helping me with my accident injury case. William Kilduff and Anna Martin went above and beyond to get me the maximum amount for my case. They cared about me as a person, listened to my concerns, offered expert advice, and kept me updated throughout the process. I can’t say enough grate things about this law firm. If you want legal representation that’s going to put YOU first and go above and beyond for you, look no further than Emroch and Kilduff!

Christina S.

From my first appointment with this law firm I have been greeted friendly and professionally. My case was handled with my best interest to get compensation that was satisfactory to me in all areas involved for the service I trusted them with. I would definitely use them again if needed.

Deborah T.

Schedule A Free Case Evaluation

If you have been injured because of someone elses negligence, contact one of our experienced personal injury lawyers for a free consultation. For your convenience, Emroch & Kilduff has two office locations in Virginia: Richmond and Tappahannock.

Contact our offices today online or by calling (804) 358-1568 to schedule a free consultation, discuss the details of your injury, and determine the best path forward given your individual circumstances.

Free Case Consultation

This field is for validation purposes and should be left unchanged.

Emroch & Kilduff Logo

Richmond Personal Injury Lawyer

Richmond Office
7301 Forest Avenue, Suite 300
Richmond, VA 23226

Phone: (804) 358-1568 Map & Directions

Tappahannock Personal Injury Lawyers

Tappahannock Office
900 South Church Lane
Tappahannock, VA 22560

Phone: (804) 445-1507 Map & Directions

© Emroch & Kilduff 2025. All Rights Reserved.

  • Privacy Policy
  • Site Map

The personal injury attorneys of Emroch & Kilduff specialize in cases involving: medical malpractice, burn injuries, spinal cord injuries, paralysis, loss of limb, wrongful death, truck accidents, car accidents, motorcycle accidents, and defective products. The information provided in this website is offered for informational purposes only. It is not offered as and does not constitute legal advice. No attorney-client relationship will begin until after a contract has been agreed upon between Emroch & Kilduff, PLLC and the potential client.