Skip to main content

Injured? Need Help? Call Us Today.

state bar of georgia
the national trial lawyers
georgia trial lawyers associations protecting the right to trial by jury
burnside lawfirm

Call Experienced Attorneys that Will Fight for You

Call Us (706) 432-8320 Contact Us
Elderly man with glasses lying in a hospital bed, wearing a blue shirt, covered with a gray blanket, and with an IV drip in his arm.

A misdiagnosis or failure to diagnose a medical condition can have devastating consequences, including prolonged illness, unnecessary treatment, or even death. While not every misdiagnosis is grounds for a medical malpractice claim, some cases involve negligence that directly harms the patient. At Burnside Law Firm in Augusta and Athens, GA, we help victims and their families seek justice when medical errors result in injury or loss.

Understanding Misdiagnosis and Medical Malpractice

A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, while failure to diagnose involves missing a condition altogether. In either case, the consequences can be severe. For example:

  • A heart attack misdiagnosed as indigestion could lead to fatal delays in treatment.
  • Failure to diagnose cancer at an early stage may allow the disease to progress, reducing survival chances.
  • Incorrectly diagnosing a benign condition as serious can result in unnecessary surgeries or treatments, exposing the patient to risks.

When Is It Medical Malpractice?

Not every misdiagnosis or failure to diagnose qualifies as malpractice. To prove a claim in Georgia, you must demonstrate:

  • A doctor-patient relationship existed, establishing the provider’s duty of care.
  • The healthcare provider was negligent, meaning they failed to meet the standard of care expected of a competent provider in similar circumstances.
  • The negligence directly caused harm to the patient.

Common scenarios where misdiagnosis may constitute malpractice include:

  • Ignoring or misinterpreting diagnostic tests.
  • Failing to recognize symptoms of a known condition.
  • Not referring the patient to a specialist when appropriate.
  • Rushing through a consultation without thoroughly evaluating the patient’s history or complaints.

The Impact of Misdiagnosis

The consequences of a misdiagnosis can be life-altering. According to a 2023 study by Johns Hopkins University, approximately 795,000 deaths and 1.4 million injuries annually in the U.S. are related to diagnostic errors. Conditions commonly involved in misdiagnosis cases include cancer, heart disease, stroke, and infections like sepsis.

In Georgia, patients who suffer injuries due to misdiagnosis may face:

  • Increased medical costs for unnecessary or prolonged treatments.
  • Loss of income due to extended recovery times or permanent disability.
  • Pain and suffering, both physical and emotional.

Filing a Medical Malpractice Claim in Georgia

Medical malpractice claims in Georgia are governed by strict laws, including a two-year statute of limitations for filing a claim. To build a strong case, you will need to have detailed medical records and testimony from medical experts who can explain how the provider’s negligence deviated from the standard of care.

At Burnside Law Firm, our experienced attorneys work with trusted medical professionals to investigate claims, gather evidence, and advocate for fair compensation. With offices in Augusta and Athens, GA, Burnside Law Firm has a proven track record of helping victims of medical malpractice. We understand the complexities of Georgia’s legal system and are dedicated to holding negligent healthcare providers accountable.

Contact Us for a Free Consultation

If you or a loved one has been harmed by a misdiagnosis or failure to diagnose, you may be entitled to compensation. Contact Burnside Law Firm today to schedule a free consultation. Let us help you seek justice and regain control of your future.

Posted on behalf of Burnside Law Firm LLP

Contact Us

Augusta

2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320

Athens

325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered tens of millions in settlements and verdicts

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

Commercial Vehicle/Death

$6,000,000

Auto Accident/Death

$5,000,000

Workplace Accident/Leg Injury

$1,800,000

Medical Malpractice/Surgery Complication

$1,000,000

Medical Malpractice/IV Procedure Error

$1,000,000

Premises/Fall

$700,000

No fee unless we win

Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

Meet Garon Muller
Robert MacGregor

Robert MacGregor

Robert MacGregor is an experienced trial attorney licensed to practice law in Georgia and South Carolina. At the Burnside Law Firm, Robert devotes his practice to protecting the rights of individuals who have been injured because of someone else’s carelessness, negligence, or recklessness and represents those who have been injured in automobile collisions or tractor-trailer accidents; because of a slip and fall; and in other general negligence actions.

Meet Robert MacGregor

Ashton Revollo

Ashton is a trial lawyer in Augusta, GA who focuses his law practice on the representation of individuals who have suffered serious injuries or damages due to the negligent or reckless conduct of others, including automobile wrecks, job-related accidents, unsafe premises, or defective
products. Before beginning his practice, Ashton obtained his J.D., at Emory University School of Law, where he gained valuable courtroom experience as an intern assisting the District Attorney for DeKalb
County. After his time at Emory, Ashton received experience as a trial attorney at a respected personal injury firm in Atlanta before moving to Augusta. Over the course of his career, Ashton has assisted deserving clients in recovering millions of dollars in injury cases throughout Georgia.

Meet Ashton Revollo

Our Client Testimonials

Our Client Reviews

Burnside Law Firm

5.0 / 5.0

Based on 38 reviews

Erin Wren

After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

Debbie Walker

In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

Rick Estep

Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

Lynn Eldridge

I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

Damien Williams

I definitely felt comfortable in there hands really good people.

Jacob Clements

Very very good law firm. Went above and beyond to make things right. Highly reccomend.

Barbara Huskinson

Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

Submit form for free case evaluation

    Augusta

    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320

    Athens

    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264