What We Handle
Diagnostic Error
After a condition was missed or diagnosed too late.
What diagnostic error actually means
A diagnostic error case arises when a doctor, hospital, or other provider misses a serious condition, diagnoses it too late, or diagnoses the wrong problem. That lost time can matter a lot.
These cases often involve cancer, stroke, heart attack, infection, internal bleeding, or other conditions where early treatment can make a major difference. Diagnostic error is a specific category within medical malpractice — for a broader overview, see our medical malpractice page.
What it takes to have a case
1. Duty
A provider had a duty to evaluate symptoms with reasonable care.
2. Breach
They failed to order the right tests, follow up on results, recognize warning signs, or refer you when they should have.
3. Causation
That failure must have led to a delayed diagnosis, wrong treatment, or a worse outcome.
4. Damages
You suffered actual harm — more invasive treatment, added medical costs, a lower chance of recovery, more pain, or lost income.
What we handle within diagnostic error
Every situation is different. Here are the most common types we see.
Missed Cancer Diagnosis
Cancer was not found when it should have been.
Delayed Stroke or Heart Attack Diagnosis
Warning signs were missed and treatment was delayed.
Failure to Diagnose Infection
A serious infection, sepsis, or related issue was overlooked.
Misread Imaging or Lab Results
Scans, tests, or pathology were read incorrectly or not followed up on.
Failure to Refer
A provider did not send the patient to the right specialist in time.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Statute of limitations: 2 years — RSMo § 516.105
- •10-year absolute statute of repose
- •Affidavit of merit required before filing — RSMo § 538.225
- •Noneconomic damage cap: $400,000 standard / $700,000 catastrophic — RSMo § 538.210
Kansas
- •Statute of limitations: 2 years — KSA § 60-513(c)
- •4-year absolute statute of repose
- •Pre-suit screening panel required — KSA § 65-4901
- •Noneconomic damage cap: $350,000 — KSA § 60-19a02
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — We learn the timeline from first symptoms to correct diagnosis.
Records collection — Office records, ER records, labs, imaging, pathology, and follow-up notes.
Expert review — We assess whether the delay changed the outcome.
Damages review — We document added treatment, lost time, and long-term harm.
Demand or filing — If supported by the facts, we move forward.
Resolution — Settlement, mediation, or trial.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a diagnostic error case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Additional medical expenses from delayed treatment
- •More invasive procedures that earlier diagnosis would have avoided
- •Lost wages and earning capacity
- •Future treatment costs
Non-Economic Damages
- •Pain and suffering (subject to statutory caps)
- •Reduced chance of recovery
- •Loss of enjoyment of life
- •Emotional distress
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
Top 25 Medical Malpractice Trial Lawyer. Keenan Trial Institute faculty. Focused experience in missed and delayed diagnosis cases involving cancer, stroke, and infection.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to diagnostic error, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
Is a delayed diagnosis enough for a case by itself?
Not always. The question is whether the delay caused added harm or made the outcome worse.
What if another doctor later figured it out right away?
That can be an important sign that something was missed earlier.
How long do I have to file?
Two years in both Missouri (RSMo § 516.105) and Kansas (KSA § 60-513(c)). These deadlines are strict.
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your diagnostic error case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
Start Your Case Review
Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.
Start the digital intake →Ready to talk about your diagnostic error case?
Free consultation. No fee unless we recover.
