Appendicitis is a common but potentially life-threatening condition that requires prompt diagnosis and surgical intervention. When healthcare providers fail to recognize or act on its symptoms, patients may suffer severe complications—including organ rupture, sepsis, and death. In California and across the United States, delayed or missed diagnoses of appendicitis have led to significant medical malpractice claims, many resulting in substantial settlements.
Clinical Importance of Timely Diagnosis
The appendix is a small, finger-like pouch attached to the large intestine. When inflamed, it can quickly become infected and rupture, spilling bacteria into the abdominal cavity and causing peritonitis. This condition can escalate rapidly, especially in children and older adults.
Common symptoms include:
- Sudden pain in the lower right abdomen
- Nausea and vomiting
- Fever
- Rebound tenderness
- Loss of appetite
Failure to order imaging, consult surgical teams, or recognize atypical presentations can result in catastrophic outcomes.
How Misdiagnosis Occurs
Appendicitis is frequently misdiagnosed as:
- Gastroenteritis
- Urinary tract infection
- Menstrual cramps or ovarian cysts
- Food poisoning
- Muscle strain
Patients are often discharged from emergency departments without imaging or lab work, only to return in critical condition. In some cases, they never return at all.
Legal Standards for Malpractice
To succeed in a medical malpractice claim in California, plaintiffs must demonstrate:
- Duty of care: The provider had a legal obligation to treat the patient competently.
- Breach of duty: The provider failed to meet the standard of care.
- Causation: The breach directly caused harm.
- Damages: The patient suffered physical, emotional, or financial injury.
Documented Case Examples
The following cases illustrate the legal and clinical consequences of appendicitis misdiagnosis across the United States. Each case is publicly documented and reflects the gravity of diagnostic failure.
- A 17-year-old boy in New York was misdiagnosed by five physicians. His appendicitis went untreated for three days, resulting in five surgeries and permanent abdominal scarring. The case settled for $4.5 million¹.
- A minister’s wife in Orange County, California died after an emergency room failed to diagnose her ruptured appendix. Her family received a $650,000 settlement².
- A 24-year-old woman visited the ER four times over five months and was repeatedly misdiagnosed with fibroids and menstrual cramps. Her appendix eventually ruptured. The case settled confidentially³.
- A 49-year-old man’s appendiceal cancer was missed by a pathologist after an appendectomy. The case settled for $2.5 million⁴.
- A 12-year-old girl was discharged with a diagnosis of gastritis. She was later diagnosed with appendicitis two days later. The case was dismissed via summary judgment⁵.
- A Tennessee boy’s appendix ruptured after a radiologist misread his scan. A jury later cleared the radiologist of negligence⁶.
- A patient’s appendix was partially left behind during surgery. It ruptured later, causing infection and requiring extensive treatment. The case resulted in a seven-figure settlement⁷.
- A Pennsylvania patient was discharged without a CT scan despite classic appendicitis symptoms. The appendix ruptured the next day, leading to ICU admission. The case settled for $2.9 million⁸.
- A Maryland patient was misdiagnosed, and the appendicitis progressed to sepsis. A malpractice claim was filed⁹.
- An ER failed to order imaging for a patient with abdominal pain. The patient returned with a ruptured appendix. Legal action was initiated¹⁰.
- A 9-year-old boy was misdiagnosed by a pediatrician. An appellate court upheld the malpractice verdict¹¹.
- A male patient with classic symptoms was sent home. His appendix ruptured. The case settled confidentially¹².
- A woman’s appendix burst after being told she had a urinary tract infection. A lawsuit was filed¹³.
- A patient suffered a bowel perforation during an appendectomy. The case settled for $500,000¹⁴.
- A radiologist failed to flag appendicitis on a scan. The patient was hospitalized for weeks. Legal action is pending¹⁵.
What Victims Can Do
If you or a loved one suffered harm due to a delayed or missed diagnosis of appendicitis, you may be entitled to compensation. A qualified medical malpractice attorney can help you:
- Obtain and review medical records
- Consult with expert witnesses
- File a claim within California’s statute of limitations (generally one year from discovery of the harm)
Compensation may include:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
Conclusion
Appendicitis is a treatable condition—when diagnosed in time. Failure to do so can result in irreversible harm or death. Legal action not only provides compensation but also holds providers accountable and helps prevent future errors.
References
- Fellows Hymowitz Rice. (n.d.). Family of deceased woman receives $650,000 in settlement for ER misdiagnosis. https://pilaw.com/cases/family-of-deceased-woman-receives-650-000-in-settlement-for-er-misdiagnosis
- FindLaw. (2019, March 21). Doctors can be liable for missing an appendicitis diagnosis. https://www.findlaw.com/legalblogs/personal-injury/doctors-can-be-liable-for-missing-an-appendicitis-diagnosis
- Fuchsberg Law Firm. (2023, May 21). Doctors mistake appendicitis for fibroids and menstrual cramps. https://www.fuchsberg.com/blog/doctors-mistake-appendicitis-for-fibroids-and-menstrual-cramps
- High Impact. (n.d.). 7-figure settlement: appendix rupture after botched appendectomy. https://www.highimpact.com/cases-and-insights/7-figure-settlement-animated-appendix-rupture-after-botched-appendectomy
- InjuryLawsuitHelper.com. . (2023, June 25). Can you sue for misdiagnosis of appendicitis? https://injurylawsuithelper.com/can-you-sue-for-misdiagnosis-of-appendicitis
- Jurimatic. (n.d.). Tennessee jury clears radiologist in a medical negligence case involving misdiagnosed appendicitis. https://jurimatic.com/tennessee-jury-clears-radiologist-in-a-medical-negligence-case-involving-misdiagnosed-appendicitis
- Lubin & Meyer. (n.d.). Failure to diagnose appendiceal cancer: $2.5M settlement. https://www.lubinandmeyer.com/cases/appendix-cancer.html
- Martin Clearwater & Bell LLP. (2025, August 26). Summary judgment in failure to diagnose appendicitis case. https://www.mcblaw.com/news/summary-judgment-obtained-in-alleged-failure-to-diagnose-appendicitis-case
- MDMalpracticeLaw.com. . (2024, December 22). Can you sue for appendicitis misdiagnosis in MD? https://www.mdmalpracticelaw.com/legal-blog/sue-for-appendicitis-misdiagnosis
- Schochor, Staton, Goldberg & Cardea, P.A. (n.d.). Case #1022: Appendicitis misdiagnosis. https://sfspa.com/verdicts-settlements/case-1022-appendicitis
- Sommers Schwartz. (n.d.). $500,000 settlement for bowel perforation during appendectomy. https://www.sommerspc.com/verdicts/500000-medical-malpractice-settlement-over-allegations-of-perforated-bowel-during-laparoscopic-appendectomy
- Thistle Law. (n.d.). Missed ruptured appendix in Pennsylvania. https://thistlelaw.com/do-you-have-a-malpractice-claim-for-a-missed-ruptured-appendix
- Wingate, Russotti, Shapiro & Halperin, LLP. (n.d.). $4.5 million settlement for disfiguring abdominal scars. https://www.wrshlaw.com/verdicts-settlements/disfiguring-abdominal-scars.html
- LegalMatch. (n.d.). Appendicitis misdiagnosis and pediatric malpractice. [No direct link available]
- MedicalMalpractice.com. . (n.d.). Appendicitis misdiagnosed as UTI. [No direct link available]