Trusted Pulmonary Embolism Malpractice Law Firm in Florida
Pulmonary embolism is one of the most frequently misdiagnosed conditions in emergency medicine and one of the most preventable causes of sudden death in hospitalized and recently discharged patients. The challenge is that PE mimics other conditions. Chest pain, shortness of breath, and an elevated heart rate can point to anxiety, asthma, pneumonia, or a heart attack. Physicians who stop at the obvious diagnosis and fail to consider PE, especially in patients with risk factors, may be committing a serious, potentially fatal error.
Freedland Harwin Valori Gander represents patients and families throughout Florida who suffered catastrophic harm, including cardiac arrest, permanent lung damage, or the loss of a loved one, because a pulmonary embolism was missed or treated too late. We have the medical knowledge and legal experience to build these cases and take them to trial when necessary.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 30, 2026
Common Ways Physicians Fail to Diagnose Pulmonary Embolism
The diagnostic pathway for PE is well established. When physicians deviate from it, patients pay the price. The failures our attorneys most frequently encounter in PE misdiagnosis cases include:
- Attributing symptoms to anxiety or panic disorder without ruling out PE. This is one of the most common and most dangerous misdiagnoses.
- Diagnosing pleuritis or musculoskeletal chest pain in a patient with risk factors and pleuritic symptoms without obtaining appropriate imaging.
- Failure to use validated risk stratification tools, such as the Wells Criteria, to guide the diagnostic workup.
- Failure to order a D-dimer in a low- to moderate-risk patient when a negative result could meaningfully inform the diagnosis.
- Failure to order CT pulmonary angiography (CTPA) in a high-risk or moderate-risk patient when CTPA is the definitive diagnostic standard.
- Discharging a patient with an elevated heart rate, low oxygen saturation, or tachypnea before completing the PE workup.
- Failure to initiate anticoagulation promptly once PE was identified, allowing the clot burden to worsen.
- Failure to recognize hospital-acquired PE in a hospitalized patient showing signs of deterioration.
Outcomes from Missed or Delayed Pulmonary Embolism Diagnosis
The consequences of a missed PE diagnosis range from serious to fatal. Patients who survive may face:
- Pulmonary infarction, the death of lung tissue caused by a lack of blood flow, resulting in permanent scarring and reduced respiratory function.
- Chronic thromboembolic pulmonary hypertension (CTEPH), a progressive and potentially life-limiting condition caused by unresolved clots in the pulmonary arteries.
- Right heart failure, resulting from the strain of pumping blood against the obstructed pulmonary circulation.
- Cardiac arrest and anoxic brain injury in cases of massive PE.
- Death, which may occur suddenly and without prior warning, even after the patient leaves the hospital.
When a patient dies from an undiagnosed PE after being discharged from a Florida emergency room, the family is entitled to ask hard questions and receive honest answers. FHV Legal has represented families in exactly these circumstances, and we know how to investigate and present these cases effectively.
Post-Surgical PE: A Special Area of Hospital Liability
Pulmonary embolism is a well-recognized complication of surgery, particularly orthopedic procedures involving the hip and knee. Hospitals and surgeons are expected to implement DVT prophylaxis protocols, including blood thinners, compression devices, and early ambulation, to reduce the risk of clot formation after surgery.
When a surgical team fails to implement appropriate prophylaxis, fails to evaluate a post-operative patient who develops signs of DVT or PE, or discharges a patient without adequate anticoagulation coverage, and that patient develops a fatal or near-fatal PE, the hospital and surgical team may bear significant liability. These cases involve both the operative care and the post-operative monitoring, and FHV Legal investigates both.
Florida Law and Pulmonary Embolism Malpractice Claims
Pulmonary embolism misdiagnosis cases in Florida are governed by Chapter 766 of the Florida Statutes. The statute of limitations is generally two years from when the patient or family knew or should have known that negligence caused the harm, with an absolute limit of four years in most cases. In wrongful death cases, the two-year period typically runs from the date of death.
Before filing suit, Florida law requires completion of a pre-suit investigation process, including a corroborating medical expert opinion and notice to the defendant. FHV Legal manages this entire process on behalf of our clients, working with board-certified emergency medicine physicians, pulmonologists, and hematologists to build a thorough, compelling case.
We handle PE malpractice cases throughout Florida, including Miami-Dade, Broward, and Palm Beach counties. We litigate in the Miami-Dade Circuit Court, Broward County Courthouse, Palm Beach County Courthouse, and courts statewide.
Frequently Asked Questions About Failure to Diagnose Pulmonary Embolism
How do I know if a pulmonary embolism was missed due to negligence?
Signs that negligence may have occurred include: a family member went to an ER with shortness of breath, chest pain, or a rapid heart rate and was discharged without imaging; they were told symptoms were anxiety or a muscle strain without PE being ruled out; they had known PE risk factors that weren’t considered; or they died or suffered cardiac arrest shortly after being sent home. A free case evaluation by FHV Legal can help determine whether the standard of care was met.
What is a D-dimer test and why does it matter in a PE malpractice case?
A D-dimer is a blood test that measures a protein fragment released when a blood clot breaks down. A negative D-dimer in a low-risk patient can effectively rule out PE and avoid the need for further imaging. However, a D-dimer is not appropriate as a standalone test in moderate- or high-risk patients. In those cases, CT pulmonary angiography is required. When a physician relies on a D-dimer to clear a high-risk patient without ordering CTPA, that may be negligent.
My Family Member Was Discharged and Died at Home from a Pulmonary Embolism. Can We File a Claim?
Yes. When a patient is evaluated in an emergency room, discharged without adequate workup, and dies from an undiagnosed pulmonary embolism, surviving family members may bring a wrongful death claim. These cases require a careful review of the ER records, the discharge documentation, and the circumstances of death. FHV Legal is experienced in conducting exactly this type of investigation.
How long do I have to file a pulmonary embolism malpractice claim in Florida?
Generally two years from when you knew or should have known that negligence caused the harm, with an absolute four-year outer limit in most cases. Wrongful death claims typically begin running from the date of death. Given the time required for pre-suit investigation, consulting an attorney as soon as possible after the harm occurred is strongly advisable.
Does FHV Legal handle PE misdiagnosis cases throughout Florida?
Yes. Freedland Harwin Valori Gander handles failure-to-diagnose pulmonary embolism cases statewide. Our offices are in Fort Lauderdale and Coral Gables, and we represent clients from Miami, Weston, Boca Raton, Pembroke Pines, West Palm Beach, and communities throughout Florida. We bring the same depth of experience and commitment to every case regardless of where it arises.
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
