A pulmonary embolism presents softly — shortness of breath, pleuritic chest pain, sometimes only fatigue or an elevated heart rate. Those symptoms overlap with anxiety, pneumonia, musculoskeletal pain, or deconditioning. When an ER provider dismisses them without applying a Wells score, ordering a D-dimer, or imaging the pulmonary arteries, the clot sometimes kills silently over the next hours or days — a textbook diagnostic failure.

What makes a missed pulmonary embolism malpractice?
A missed PE is malpractice when a provider failed to include PE in the differential for a patient with plausible symptoms and risk factors, failed to apply the Wells score or PERC criteria correctly, failed to order a D-dimer or CT-PA when indicated, misread positive imaging, or discharged a patient with unexplained dyspnea or pleuritic chest pain without systematic workup — and when the resulting delay caused preventable harm from ongoing clot burden, right-heart strain, or death.
Why Are Pulmonary Embolisms Missed?
Why are pulmonary embolisms missed in the ER?
PEs are missed when the presentation is non-specific (mild dyspnea, vague chest discomfort, isolated tachycardia), when providers anchor on a plausible alternative diagnosis (anxiety, pneumonia, costochondritis, deconditioning), when Wells score and PERC criteria are not applied systematically, when a negative chest X-ray is treated as reassuring, or when risk factors for venous thromboembolism are not elicited on history.
Pulmonary embolism is a diagnosis that rewards explicit risk stratification and punishes clinical gestalt. The symptoms overlap substantially with benign conditions, and the consequences of missing the diagnosis are severe. Common drivers of missed diagnosis:
- Non-specific presentation. Classic teaching — sudden severe dyspnea, pleuritic chest pain, hemoptysis — is actually uncommon. Most PEs present with milder dyspnea, vague chest discomfort, or isolated tachycardia. Atypical presentations are the norm.
- Anchoring on alternative diagnoses. Once a benign explanation is entertained (anxiety, musculoskeletal pain, bronchitis, reflux), the evidence for PE may be discounted. Anchoring on anxiety in young women with dyspnea is a documented failure pattern.
- Failure to apply Wells score. The Wells score converts clinical features into a probability estimate that drives the diagnostic algorithm. Skipping it — or failing to document the components — is increasingly recognized as a standard-of-care breach.
- Failure to apply PERC criteria. The Pulmonary Embolism Rule-out Criteria can exclude PE in very-low-probability patients without D-dimer. Misapplying PERC to higher-probability patients, or using it to justify not ordering any workup at all, is a recognized failure.
- Normal chest X-ray treated as reassuring. Chest X-ray is neither sensitive nor specific for PE. Most PEs have no abnormal chest-X-ray finding. Treating a normal X-ray as ruling out PE is a diagnostic error.
- Risk factors not elicited. Recent surgery, immobilization, long-haul travel, estrogen use, pregnancy, cancer history, prior DVT or PE — these are the risk factors that raise pre-test probability. Not asking about them is part of the problem.
- Single D-dimer mishandled. A positive D-dimer in the appropriate context demands further imaging. A negative D-dimer in a high-probability patient still requires imaging. Misinterpreting or ignoring the result is a recurring error.
What Is the Standard of Care for Suspected PE?
What is the standard of care for diagnosing pulmonary embolism?
The standard requires elicitation of risk factors on history, structured risk stratification (Wells score, Geneva score, or similar validated tools), D-dimer testing in intermediate-probability patients, CT pulmonary angiography when clinical probability and/or D-dimer indicate further workup, and — in high-probability patients — empiric anticoagulation pending imaging.
PE diagnosis has been the subject of extensive clinical-practice guidelines from the American College of Chest Physicians, the European Society of Cardiology, and the American College of Emergency Physicians. The core expectations:
- Risk-factor history. Explicit questioning about recent surgery, trauma, immobilization, malignancy, hormone therapy, pregnancy, prior DVT or PE, long-distance travel, family history of clotting disorders.
- Structured risk stratification. Wells score or revised Geneva score to assign low, intermediate, or high pre-test probability. The score is not optional in well-run ERs — it is documented.
- PERC criteria in low-probability patients. The Pulmonary Embolism Rule-out Criteria can rule out PE in very-low-probability patients who meet all eight criteria. Used correctly, PERC can avoid unnecessary testing; used incorrectly, it can justify missed diagnoses.
- D-dimer in intermediate probability. High-sensitivity D-dimer (with appropriate age-adjustment in older patients) rules out PE when negative in intermediate-probability patients. A positive D-dimer in any context demands imaging.
- CT pulmonary angiography. The imaging standard for PE diagnosis. CT-PA directly visualizes clot in the pulmonary arteries. Alternatives — V/Q scan, lower-extremity ultrasound — have specific indications in patients where CT-PA is contraindicated (renal dysfunction, pregnancy).
- Empiric anticoagulation in high-probability patients. When pre-test probability is high and imaging will be delayed, empiric anticoagulation pending imaging is appropriate — not waiting for the definitive diagnosis while the patient continues to throw clot.
- Risk stratification of confirmed PE. Once PE is diagnosed, risk-stratify for massive vs submassive vs low-risk with troponin, BNP, and echocardiogram. Massive PE demands thrombolysis or embolectomy. Submassive PE requires close ICU monitoring.
Departures from these expectations — particularly discharge of a patient with unexplained dyspnea, pleuritic chest pain, or tachycardia without either applying the Wells score or ordering a D-dimer — are the substance of most missed-PE malpractice cases.
Which Patients Are at Highest Risk?
Which patients are at highest risk of pulmonary embolism?
Patients with recent surgery (especially orthopedic, abdominal, or pelvic), active malignancy (particularly pancreatic, brain, and hematologic cancers), immobilization, long-haul travel, hormone therapy or recent pregnancy, prior DVT or PE, hereditary thrombophilia (Factor V Leiden, prothrombin gene mutation), obesity, and advanced age. Pre-test probability rises sharply when multiple risk factors are present.
PE risk factors stratify into categories that frontline providers should recognize:
- Surgical and trauma. Orthopedic surgery (hip and knee replacement especially), abdominal and pelvic surgery, major trauma. Risk peaks in the first 4-6 weeks post-operatively.
- Malignancy. Active cancer is one of the strongest PE risk factors. Pancreatic, brain, ovarian, lung, and hematologic malignancies carry the highest rates. Chemotherapy further increases risk.
- Immobilization. Prolonged bed rest, cast immobilization, paralysis, or inability to ambulate significantly raises venous stasis and PE risk.
- Hormone therapy and pregnancy. Combined oral contraceptives, hormone replacement, and pregnancy (particularly postpartum) are significant risk factors. The pregnancy-related PE is a recurring missed diagnosis because pregnancy itself causes dyspnea.
- Prior VTE. Prior DVT or PE is one of the strongest predictors of recurrence. A patient with prior PE presenting with new dyspnea is a high-probability case until proven otherwise.
- Hereditary thrombophilia. Factor V Leiden, prothrombin gene mutation, protein C/S deficiency, antithrombin III deficiency. Often emerges in family history.
- Obesity. Especially BMI over 30, and particularly in combination with other risk factors.
- Age. PE incidence rises steeply with age. Very elderly patients often present atypically.
- Long-distance travel. Long-haul flights and extended car trips with immobility.
Failing to elicit these risk factors on history — and therefore failing to raise pre-test probability appropriately — is frequently at the root of a missed PE. Wells scores that omit documented cancer, recent surgery, or immobilization produce falsely low probabilities and justify inappropriate discharge.
How Are Missed PE Cases Proven?
How are missed pulmonary embolism cases proven?
Through the initial record (symptoms, vital signs, documented risk factors, Wells score components, imaging or testing ordered, discharge disposition) compared against the confirming record (subsequent ER visit, hospitalization, or autopsy). Expert emergency-medicine testimony reconstructs what a Wells-score-guided workup would have produced. Florida Statute § 766.102 requires a corroborating expert affidavit before filing.
Missed-PE cases are document-driven. Essential records:
- Initial ER or urgent-care record. Triage note, chief complaint, vital signs (pulse-ox, respiratory rate, heart rate — tachycardia is particularly important), documented risk-factor history, physician or mid-level note, differential diagnosis considered, workup ordered, results interpreted, discharge diagnosis.
- Wells-score applicable factors. Whether the record documents the components of the Wells score — clinical signs of DVT, PE most likely diagnosis, heart rate, immobilization or surgery, prior PE/DVT, hemoptysis, malignancy — or conspicuously omits them.
- Subsequent confirming record. The ER visit, hospitalization, or autopsy that diagnosed PE. CT-PA (or V/Q scan), D-dimer results, troponin, BNP, echocardiogram, pulmonary or critical-care notes, discharge summary.
- Original imaging. Where any chest CT was obtained at the initial visit, the DICOM files allow second-read review for PE that may have been visible but unreported.
- Autopsy report. In fatal cases, the autopsy confirms PE as cause of death and documents clot burden — supporting both diagnosis and causation.
Under Florida Statute § 766.102, a corroborating expert affidavit is mandatory. For missed-PE cases, that expert is typically a board-certified emergency physician; a pulmonologist or intensivist is often retained for causation and damages.
Who Can Be Held Liable?
Who can be held liable for a missed PE?
Potential defendants include the emergency physician, any PA or NP involved in the evaluation, the triage nurse, any consulting physicians (hospitalist, pulmonology), the radiologist where imaging was obtained and misread, the hospital for institutional failures, and the ER physician contract group. Florida\'s apportionment rules allow fault allocation across defendants.
Common defendants in missed-PE cases:
- Emergency physician. Typically the primary defendant for the clinical decision to discharge without PE workup.
- PA or NP. Where the primary evaluation was by a physician assistant or nurse practitioner, both the mid-level and the supervising physician face potential liability.
- Triage nurse. Where inadequate triage failed to flag vital-sign abnormalities (tachycardia, hypoxia) that should have escalated evaluation.
- Consulting physician. Hospitalist or pulmonologist consulted by the ER whose opinion contributed to discharge.
- Radiologist. Where CT or V/Q imaging was performed and the PE was visible but not reported. Second-read review by an independent radiologist often reveals findings.
- Hospital. Vicariously liable for employed providers; directly liable for systemic failures — inadequate PE protocols, understaffed imaging, defective equipment.
- Emergency medicine contract group. Separate corporate entity with its own insurance.
Florida\'s comparative-fault apportionment lets the jury allocate fault. Leaving out a party can cause fault to fall to an empty chair and reduce recovery.
What Damages Are Recoverable?
What damages are available in a missed PE case in Florida?
In surviving cases: past and future medical expenses (ICU care, anticoagulation, treatment of right-heart strain, possible chronic thromboembolic pulmonary hypertension), lost earnings, lost earning capacity, pain and suffering (uncapped in Florida after Kalitan, 2017), and loss of consortium. In fatal cases, wrongful death damages under Florida\'s Wrongful Death Act for eligible survivors — spouse, minor children, dependent parents.
PE damages vary dramatically between surviving and fatal cases. In surviving cases:
- Past medical expenses — ICU admission, anticoagulation, any thrombolysis or embolectomy, workup of any chronic complications.
- Future medical expenses — long-term anticoagulation management, treatment of chronic thromboembolic pulmonary hypertension (CTEPH) in patients who develop it, ongoing cardiology or pulmonology follow-up.
- Lost earnings during the acute hospitalization and recovery.
- Lost earning capacity where the patient is left with reduced exercise tolerance, right-heart dysfunction, or CTEPH.
- Pain and suffering for the event itself, the ongoing anxiety about recurrence, the physical limits. Uncapped in Florida after North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017).
- Loss of consortium for a spouse.
In fatal cases, the Wrongful Death Act provides the recovery framework. Eligible survivors — spouse, minor children, dependent parents — can recover mental pain and suffering, loss of support and companionship, medical and funeral expenses, and lost net accumulations of the estate. Given that PE mortality is often sudden and in otherwise-healthy adults, fatal-PE cases frequently involve high-earning decedents with substantial lost-support and lost-accumulations components.
What Is Florida's Statute of Limitations?
What is Florida\'s statute of limitations for missed PE cases?
Two years from discovery of the injury — often the date of the subsequent correct PE diagnosis, or in fatal cases, the date of death. No more than four years from the negligent act under § 95.11(4)(b), with a seven-year extension for fraud or concealment. Wrongful death: two years from the date of death. Florida requires a 90-day pre-suit investigation and corroborating expert affidavit under § 766.102.
Florida Statute § 95.11(4)(b) governs medical malpractice limitations. In fatal missed-PE cases, Florida\'s Wrongful Death Act provides a separate two-year statute running from the date of death. The 90-day pre-suit investigation period and § 766.102 corroborating expert affidavit are mandatory procedural gates before suit can be filed.
The earlier a Florida family pursues the records with a malpractice attorney, the more thorough the investigation can be before limitations narrow filing options. Strong missed-PE cases are typically developed within the first year after the correct diagnosis or the death.
What Should I Do If I Suspect a Missed Pulmonary Embolism?
If you or a family member was discharged from an ER or urgent care with a diagnosis of anxiety, bronchitis, costochondritis, or "atypical chest pain" and then subsequently diagnosed with PE — or died of a PE after the earlier visit — the next steps:
- Preserve the initial ER or urgent-care record. Triage note, physician or mid-level note, documented symptoms, vital signs (especially heart rate and pulse-ox), any testing performed, discharge diagnosis and instructions.
- Preserve the confirming record. The ER visit, hospitalization, or autopsy that confirmed the PE. CT-PA, D-dimer, troponin, echocardiogram, consultation notes.
- Save original imaging files. DICOM files of any initial chest CT. Second-read review may reveal clot that was visible but not reported.
- Document risk factors. Recent surgery, immobilization, travel, hormone therapy, pregnancy, prior DVT/PE, cancer, family history. The risk factors that should have been elicited.
- Consult a Florida medical malpractice attorney. The consultation is free. A qualified firm will engage ER and pulmonary experts to reconstruct whether Wells-score-guided workup would have diagnosed the PE in time.
Between 25% and 55% of patients who die of pulmonary embolism were seen by a physician in the preceding weeks — and PE was not considered. The case is rarely about what the provider knew; it is about what the provider never thought to ask.
That is why modern ER practice relies on structured risk stratification — the Wells score, PERC criteria, and the D-dimer algorithm — rather than clinical gestalt alone. Structured tools exist because unstructured judgment has a high false-negative rate. Skipping the tools, and then skipping the imaging they would have triggered, is the diagnostic-failure pattern that underlies most missed-PE malpractice cases.
