Failure to Diagnose

Failure to diagnose is a type of medical malpractice that occurs when a medical provider fails to take the proper steps to identify and diagnose a medical condition, even though a patient is presenting with clear symptoms. Included in this definition is misdiagnosis, or when a medical provider makes the wrong diagnosis, a delayed diagnosis, or fails to recognize complications that can change or aggravate an existing medical condition. 

Failure to diagnose and misdiagnoses are not rare occurrences. The Society to Improve Diagnosis in Medicine reports 12 million Americans are impacted by diagnostic errors annually; and sadly, an estimated 40,000 to 80,000 die annually from complications due to diagnostic failures in U.S. hospitals alone. It’s also estimated that $100 billion in medical expenses may be wasted annually due to inaccurate diagnoses. 

Many times, misdiagnosis and failure to diagnose arise from the improper interpretation of imaging tests like x-rays, MRIs and CT scans. You may be surprised to learn that common conditions – not rare diseases – result in most cases of failure to diagnose or misdiagnosis. Vascular events, infections and cancer account for three-fourths of all such cases.  

Failure to diagnose and misdiagnosis can serve as the basis for medical malpractice lawsuits if they result in the wrong, delayed, or no treatment at all, which in turn worsens a patient’s condition and prognosis, such as cancer, and can even result in death. Plaintiffs in failure to diagnose lawsuits must provide ample and sufficient evidence to support their claim, including:  

• Medical records, doctor’s notes from the responsible physician as well as from those who provided second opinions, copies or relevant correspondence, witness statements and photographic or video evidence if applicable;  

• Proof that the failure to diagnose or misdiagnosis caused measurable harm; 

• Proof that the medical provider acted negligently by failing to ask certain questions, not requesting certain tests, or failing to/improperly reviewing imaging or tests; and

• Proof that another reasonable provider in this circumstance should have made an accurate diagnosis given the clinical presentation. 

Plaintiffs may be entitled to reimbursement for expenses associated with their delayed, improper, or lack of treatment, including medical costs. They may also be entitled to lost wages, pain and suffering, and other damages.

Not every case of misdiagnosis or failure to diagnose constitutes medical malpractice. Even highly competent and experienced physicians can make mistakes, and diagnostic tools can fail. But if such errors result in improper treatment – or no treatment at all – and a worsened medical condition, you may have a claim for a failure to diagnose lawsuit settlement.  

If a medical provider or a hospital fails to diagnose you with a clearly presented medical condition, the consequences can be severe. HHP Law Group is here to help fight for the compensation you deserve, so you can focus on feeling better. Contact us to discuss your potential failure to diagnose lawsuit.