Penn Medicine is one of the nation’s most prestigious health systems. But a Philadelphia jury says it failed a 45-year-old woman in the most devastating way possible, awarding her $35 million after doctors removed her healthy uterus based on a contaminated biopsy.
When Iris Spencer eventually learned that she never had cancer, she was devastated.
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With no way to turn back the clock on the procedure, she sued for medical malpractice. And the jury found Penn Medicine liable for $12.25 million of the verdict for failing to adequately resolve conflicting test results before proceeding with surgery. Main Line had already settled for an undisclosed amount (1).
It’s easy to assume that her case was an anomaly. But medical misdiagnoses are more common than many people think. Johns Hopkins Medicine estimates that 795,000 Americans suffer serious harm, including death or permanent disability, from diagnostic errors each year (2).
Her case isn’t an outlier. It’s a warning.
How common are medical misdiagnoses
When you visit a doctor, you expect them to identify health problems and recommend appropriate treatment. But in the U.S. medical system, that doesn’t always happen.
Around 12 million adult outpatients receive a medical misdiagnosis each year, though the impact varies from case to case (2). The overall average error rate for misdiagnosed conditions was 11.1%, according to Johns Hopkins Medicine (3).
The rate depends on the disease. The misdiagnosis rate for heart attacks is about 1.5%, while spinal abscesses are misdiagnosed 62% of the time. Some patients are far more affected by diagnostic errors than others.
Lab mistakes like the one in Spencer’s case are less common but still dangerous. A simple labeling error accounts for more than 60% of medical lab mistakes. Whenever you have samples taken, double-check that the details on the sample tube are correct (2, 4).
Women and minorities are up to 30% more likely to be misdiagnosed than white men (5, 6).
Philadelphia is becoming a hotspot for medical malpractice litigation. A 2023 rule change allows malpractice cases to be filed in the city even if the treatment happened elsewhere. Since then, filings in Philadelphia have climbed more than 40% (7, 8).
The financial toll of medical malpractice adds up quickly. Diagnostic errors cost the U.S. an estimated $100 billion each year. But the human cost can be far worse. Unnecessary treatments or prolonged suffering can lead to devastating medical outcomes (9).
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How to protect yourself and your wallet
A misdiagnosis can have long-lasting effects on your health. To avoid serious consequences, consider getting a second opinion, especially for major medical issues.
A second opinion can change the course of treatment. About one in three cancer patients who seek a second opinion end up with a different treatment plan (10).
It can also improve your odds. Cancer patients who get a second opinion at an NCI-designated cancer center see their survival chances rise by 25% (11).
If your test results don’t line up, you can ask to have the tests run again. Don’t hesitate to ask questions and consider bringing someone you trust to take notes during appointments (12).
Protecting your wallet starts with understanding your insurance coverage. Medicare Part B covers second surgical opinions for medically necessary, nonemergency procedures and will even pay for a third opinion if the first two doctors disagree (13).
Private insurance usually covers in-network second opinions, too. Some insurers may even require them before approving expensive or high-risk treatment. HMO plans often need referrals, while PPO plans offer more flexibility. If the right specialist isn’t available in-network, you can ask for a network gap exception, which lets you see an out-of-network provider at in-network rates if approved (14).
To avoid surprise bills, call your insurer before scheduling a second-opinion appointment so you understand any preauthorization rules. Get the details in writing.
Throughout your medical journey, keep thorough personal medical records. Having access to your own information makes it easier to share with new providers or reference later.
You should be able to trust your provider, but it’s OK to ask them to explain their reasoning before agreeing to invasive treatments.
If you aren’t confident in a diagnosis, seek a second opinion or switch providers if your concerns are being dismissed. A recent survey found 93% of women ages 25 to 34 say they’ve felt dismissed when seeking medical care. But no matter your age or gender, don’t wait to find a provider who takes your concerns seriously and looks at the full picture before making a diagnosis (15).
If you’re dealing with the aftermath of a medical misdiagnosis, consider consulting a medical malpractice attorney to explore your options.
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Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
Inquirer (1); John Hopkins (2); National Library of Medicine (3); NBC News (4); National Library of Medicine (5); Meridian (6); Pennsylvania Medical School (7); PA Coalition for Civil Justice Reform (8); Statnews (9); (10); University of Kansas (11); Memorial Sloan Kettering Cancer Center (12); Medicare Interactive (13); Patient Advocate (14); Psychology Today (15).
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.