Arizona’s Premier Medical Malpractice & Personal Injury Law Firm

Protecting Our Community, One Case at a Time Since 1983

Serious Injuries. Experience. Results.

Emergency Room Misdiagnosis Claims: Malpractice, Risks, And Patient Justice

Why ER Misdiagnosis Is So Dangerous

Emergency rooms are the front line of American healthcare. Every day, patients arrive with strokes, heart attacks, traumatic injuries, infections, and other life-threatening conditions. ER physicians, nurses, and staff are tasked with rapid evaluation and immediate intervention. In these high-pressure environments, accuracy matters as much as speed.

When emergency room providers misdiagnose patients, the consequences are often catastrophic. A missed stroke may leave a patient paralyzed for life. A heart attack mistaken for indigestion can lead to sudden cardiac death. A child with sepsis dismissed as having the flu may deteriorate within hours. These are not harmless mistakes — they are failures that rob patients of their chance at survival or recovery.

Request a Free Consultation

Use this form to get the fastest review by an attorney and the fastest response from our office.

Name(Required)
By submitting this form, you consent to receive SMS notifications from Snyder & Wenner, P.C. at the phone number provided. Message and data rates may apply. You can opt-out at any time by replying "STOP" to any message. For more information, please refer to our Privacy Policy.

The Scope Of ER Misdiagnosis In The U.S.

Emergency departments see more than 145 million visits each year in the United States, according to the CDC. With such volume, errors are inevitable — but the rate is alarmingly high.

A 2022 study commissioned by the Agency for Healthcare Research and Quality (AHRQ) estimated that 1 in 18 patients (5.7%) who visit an ER are misdiagnosed. That translates to roughly 7.4 million misdiagnosed patients annually. Of these, 2.6 million suffer serious harm from delayed or incorrect treatment, and nearly 250,000 die each year from preventable ER diagnostic errors.

The most commonly misdiagnosed conditions in ERs include stroke, heart attack, sepsis, and pulmonary embolism — all of which require rapid intervention to prevent death or disability.

Emergency Room Misdiagnosis Claims

How ER Misdiagnosis Happens

Emergency room misdiagnosis can occur for many reasons. In some cases, providers fail to take adequate histories, rushing patients through evaluation. In others, subtle but critical symptoms are dismissed as less serious conditions.

Overcrowding is a major factor. ER physicians are often tasked with seeing dozens of patients at once, leading to rushed assessments and overlooked warning signs. Diagnostic testing may be delayed due to staffing shortages or high patient loads. Communication breakdowns between providers, nurses, and specialists add further risk.

Bias also plays a role. Women and minorities are disproportionately misdiagnosed in emergency settings. For example, women reporting chest pain are more likely than men to be dismissed with anxiety or indigestion rather than evaluated for heart attacks.

Common Conditions Misdiagnosed In The ER

While errors can occur with any condition, malpractice claims frequently involve failure to diagnose:

  • Stroke: Dismissed as migraines, vertigo, or anxiety.
  • Heart attack (myocardial infarction): Mistaken for acid reflux, panic attacks, or musculoskeletal pain.
  • Sepsis: Misattributed to flu or viral infections until shock develops.
  • Pulmonary embolism (PE): Overlooked despite chest pain, shortness of breath, and risk factors.
  • Meningitis: Missed in children and young adults, leading to brain damage or death.
  • Appendicitis: Dismissed as stomach flu or constipation until rupture occurs.
  • Aneurysms: Misdiagnosed as back pain or kidney stones until rupture.

Each of these conditions requires urgent intervention, and each represents a preventable tragedy when missed.

Causes Of ER Misdiagnosis

The root causes of ER diagnostic failures often include:

  • Failure to take complete histories and consider risk factors.
  • Failure to order proper tests such as CT scans, EKGs, or blood cultures.
  • Misinterpretation of test results due to haste or inexperience.
  • Anchoring bias, where providers fixate on a minor diagnosis instead of ruling out life-threatening ones.
  • Systemic failures like overcrowding, understaffing, or poor communication.

These are preventable lapses that deviate from the standard of care.

The Standard Of Care In Emergency Medicine

The standard of care requires ER providers to:

  • Rapidly evaluate patients while ruling out life-threatening conditions first.
  • Take thorough patient histories and identify risk factors.
  • Order appropriate diagnostic tests promptly.
  • Communicate effectively with specialists and inpatient teams.
  • Monitor patients until discharge or transfer.

Failure to meet these standards can form the basis of malpractice claims.

Posted on Google Google
Melissa Babel profile picture
Melissa Babel
16 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Outstanding from start to finish! Brian and Jen were incredibly professional, knowledgeable and thorough. Going through an unexpected, life changing event can be scary, but they put us at ease from the moment we contacted them. Every aspect of our case was handled efficiently; and we couldn't be happier with the outcome. Thank you Brian & Jen. We are eternally grateful for your hard work!!
Posted on Google Google
Heather Ballard profile picture
Heather Ballard
9 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Brian at Snyder and Wenner was amazing. He worked hard for as long as was needed to help us in our case even when others turned us down. He got us the best results possible and was willing to fight for us until the end.
Posted on Google Google
Alex Antilla profile picture
Alex Antilla
6 May 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Spoiler alert for those fortunate enough to be unaware - being involved in an automobile accident sucks. Having an attorney like Brian Snyder by your side throughout the process was a huge relief and helped me get through this difficult chapter in my life. Brian and his team fought hard to make me whole and I could not be more pleased with the outcome. Should you find yourself in need of a solid, hard working, and professional attorney who can help you make the most of your case, look no further than Snyder & Wenner PC! Thank you for everything, Stephanie and Brian! I’ll send you a post card from Hawaii!
Posted on Google Google
Monica Reuschel profile picture
Monica Reuschel
1 May 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We are thankful for their help with this medical malpractice case and getting us back some monies that were spent with the two surgeries needed caused by faulty hernia mesh. Thank you
Posted on Google Google
Christine Hollingsworth profile picture
Christine Hollingsworth
28 April 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Synder and Wenner were absoltuely the BEST to work with! They were understanding and patient and just so helpful! I would recommend to anyone needing representation.
Posted on Google Google
Ricardo Leon profile picture
Ricardo Leon
13 March 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Brian Snyder, attorney, was the only one who took my case more than five years ago.  I could not find an attorney in the state of Texas.  I spoke to many of the attorneys and law firms throughout Texas. I told them my symptoms were swollen lymph nodes, early signs of a recurrent hernia on my left groin, and I was always in pain.  No attorney wanted to help me throughout the state of Texas.  Brian Snyder, attorney, took my case without any hesitation.  He knew right away what I was going through.  Cause of Brian Snyder, I was able to get a settlement payment for an XL mesh plug and onlay.  I truly recommend Brian Snyder if any person is experiencing a recurrent hernia or mesh problems.  I truly recommend him as an attorney to get you results.  I consider Brian Snyder very sneaky, intelligent, with a lot of experience, and a view of common sense. Brian Snyder was very patience and understanding with my case. Brian Snyder is a very bright attorney. I wholeheartedly recommend that you give him a call. I am happy with the settlement and on my way to view and relax by the ocean. Thank you, Brian Snyder, for your help.
Posted on Google Google
Pat Petruzzelli profile picture
Pat Petruzzelli
21 January 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
One can't begin to convey the immense gratitude we have for David Wenner. We were fortunate to have his highly skilled counsel for our brother, Richard who was involved in a life changing accident through no fault of his own. The enormity of his immediate medical needs and placement in ICU for several months was more complicated with us living out of state. David and his paralegal Jen showed their humanity and compassion in helping us to navigate the insurance and legal issues while staying abreast of Richard's ever-changing condition. They allowed us to concentrate on his care and recovery which was a true blessing. Richard continues to make progress, and he is indebted to David for helping to ensure his care for the future. Thank you, David & Jen !
Posted on Google Google
jeff cody profile picture
jeff cody
25 December 2025
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Brian and his team are amazing. Not only in the work they did to get my settlement, but in how they kept me updated, and helped every step of the way. I HIGHLY recommend them, and if anything ever comes up again, Brian will be the first call I make
Posted on Google Google
David Hayes profile picture
David Hayes
22 October 2025
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
In my mind they did a excellent job on my case. No pressure one way or the other to do it a certain way. Very happy with the outcome. A shout out to Stephanie she walked (talked) me thru all the computer steps I had to take. OUTSTANDING.
Posted on Google Google
David Hayes profile picture
David Hayes
21 October 2025
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Snyder&Winner, handled my case very well and satisfying conclusion I have nothing but high praise for the way they handled my case. While I'm at it a special shout out to Stephanie Park. She talked me through the computer side of all this. OUTSTANDING.

The Human And Medical Consequences Of ER Misdiagnosis

The impact of emergency room misdiagnosis is devastating. Patients may suffer strokes that leave them paralyzed, heart damage that requires lifelong treatment, or sepsis that progresses to organ failure. Survivors often face permanent disabilities, diminished quality of life, and ongoing medical expenses.

For families, the toll is equally devastating. Parents may lose children, spouses may lose partners, and families may face wrongful deaths that could have been prevented with timely and accurate care.

The emotional trauma of being dismissed or ignored in the ER adds another layer of suffering. Many patients recount feeling unheard or rushed, only to learn later that their condition was far more serious than providers admitted.

Proving Malpractice In ER Misdiagnosis Claims

To prove malpractice, attorneys must show that ER providers failed to meet accepted standards of care and that this failure caused harm. Evidence may include:

  • ER records and triage notes.
  • Documentation of symptoms ignored or misinterpreted.
  • Delayed or missing diagnostic test results.
  • Testimony from emergency medicine experts.

For example, if a patient presented with classic stroke symptoms but was discharged with a diagnosis of vertigo and later suffered permanent paralysis, liability may be clear.

Snyder & Wenner, P.C.: Advocating For Victims Of ER Negligence

At Snyder & Wenner, P.C., we have decades of experience representing patients harmed by ER misdiagnosis. These cases often involve catastrophic injuries or wrongful deaths that were entirely preventable with proper care.

Our attorneys work with emergency medicine specialists, neurologists, cardiologists, and infectious disease experts to uncover negligence and build strong malpractice claims. We fight to hold hospitals and providers accountable, not only for the sake of victims but also to push for systemic reforms that make emergency care safer.

Who May Be Liable For ER Misdiagnosis

Liability may extend to:

  • ER physicians who fail to order or interpret tests.
  • Nurses or triage staff who downplay or misdocument symptoms.
  • Hospitals for systemic issues like overcrowding or understaffing.
  • Specialists who fail to respond promptly to consult requests.

Damages Available In Emergency Room Malpractice Claims

Victims of ER misdiagnosis may be entitled to compensation for:

A Final Word On Accountability And Patient Safety

Emergency rooms are designed to save lives, not jeopardize them. When providers fail to diagnose life-threatening conditions, patients and families pay the ultimate price. These errors are not inevitable — they are preventable failures of responsibility.

At Snyder & Wenner, P.C., we fight for patients and families harmed by ER misdiagnosis. By securing justice and holding providers accountable, we bring closure to victims while driving systemic reforms to make emergency care safer for all. Every patient deserves accurate, timely diagnosis in the ER — and when that right is denied, we are here to help.

FAQs About ER Misdiagnosis

Is every ER misdiagnosis malpractice?

No. Some conditions are subtle and difficult to diagnose even with proper care. Malpractice occurs when providers fail to meet accepted standards and patients are harmed as a result.

Stroke, heart attack, sepsis, pulmonary embolism, meningitis, appendicitis, and aneurysms.

Yes. We have extensive experience representing patients and families in ER malpractice claims.