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What Is a Failure to Diagnose Claim?

A failure to diagnose claim is a form of medical malpractice. It occurs when a healthcare provider negligently fails to identify a medical condition that a reasonably competent provider would have diagnosed under similar circumstances.

Doctors owe patients a duty of reasonable care. When they:

  • Ignore reported symptoms
  • Misinterpret diagnostic tests
  • Fail to order appropriate testing
  • Attribute symptoms to a minor condition without proper evaluation

—and that failure causes harm, liability may arise.

Failure to diagnose can result in:

  • Death
  • Worsening disease progression
  • Delayed treatment
  • Additional medical complications
  • Permanent injury

Examples Of Negligence In Failure To Diagnose Cases

When we visit our doctors, we trust that they will be able to understand our symptoms and consider every diagnosis that could be consistent with them. Doctors should be able to take the necessary steps to confirm or eliminate every possible diagnosis in pursuit of an accurate diagnosis. 

In this area of medical malpractice, doctors may fail to recognize symptoms that indicate a severe condition. The medical provider’s failure to diagnose a potentially fatal medical condition or disease can cause significant suffering and even death. The following are typical examples of negligence in failure to diagnose cases:

  • Not referring a patient to a specialist when necessary
  • Misinterpretation of diagnostic tests, including X-rays, lab tests, CAT scans, and more
  • Not thoroughly investigating potential causes of a patient’s symptoms that are reported
  • Not thoroughly consulting with a patient about his or her symptoms and medical history
  • Missing an opportunity to screen for a specific medical condition
  • Not following up with a patient to communicate the results of the patient’s diagnostic test

Common Undiagnosed Medical Conditions

Some medical conditions are misdiagnosed or undiagnosed more often than others. When these medical conditions are serious, patients can experience their condition worsening significantly due to medical malpractice. These types of medical conditions include, but are not limited to, the following:

  • Heart attacks
  • Breast cancer
  • Lung cancer
  • Colon cancer
  • Melanoma
  • Asthma
  • Lymph node inflammation
  • Meningitis
  • Fetal distress
  • Staph infection
  • Stroke
  • Fractures

Proving Liability In Failure To Diagnose Cases

Medical malpractice claims require proving:

  1. The doctor owed you a duty of care
  2. The doctor deviated from accepted medical standards
  3. That deviation caused your injury
  4. You suffered measurable damages

In failure to diagnose cases, this often means showing that a reasonably competent physician would have identified the condition under similar circumstances.

These cases require detailed medical record review and expert testimony. The sooner an attorney begins investigating your claim, the stronger your case may be.

Compensation Available in Failure to Diagnose Cases

When a medical condition worsens due to negligence, victims may face extensive physical, emotional, and financial burdens. Compensation may include:

  • Current and future medical expenses
  • Lost income
  • Loss of future earning capacity due to disability
  • Permanent injuries
  • Disabilities
  • Pain and suffering 
  • Emotional distress

Wrongful Death Claims For Failure To Diagnose

When a doctor’s negligence results in a patient’s death, surviving family members may pursue a wrongful death lawsuit. Wrongful death damages may include:

  • Funeral and burial expenses
  • Loss of financial support
  • Loss of companionship and consortium
  • Pain and suffering

While no legal action can undo the loss, pursuing accountability can provide financial stability and justice.

Hear What Our Clients Have to Say

“I’ve known Joe Dell for 30 years, and he has helped my family many times with outstanding results every time. I trust Joe and his firm to do the right thing and protect and represent my well-being. The whole team, including Joe, Josh, Ben, Barbara, and the rest of the firm are top notch professionals. They will answer every question and keep you in the loop every step of the way from beginning to end. I could go on and on with how great I was treated throughout the years, but if I could do anything to return the favor, it would be to highly recommend Joe Dell and his firm!” – Darcy Jean

Schedule a Free Consultation with Our Failure to Diagnose Attorneys

If you suspect that your surgeon, doctor, or other healthcare provider failed to diagnose your medical condition correctly, you’ll benefit from speaking to an experienced attorney. Working with the skilled attorneys at Dell & Dean, PLLC will help you level the playing field and protect your rights. Contact Dell & Dean, PLLC today to schedule a complimentary, no-obligation consultation.

Dell & Dean, PLLC, represents failure to diagnose victims throughout Nassau County and Suffolk County on Long Island, as well as the boroughs of New York City and the surrounding areas.

Frequently Asked Questions

What qualifies as a failure to diagnose claim?

A failure to diagnose claim arises when a doctor misses a condition that a reasonably competent physician would have identified, resulting in harm.

How do I prove my doctor was negligent?

You must show that another qualified physician would have diagnosed the condition under similar circumstances and that the delay caused injury.

Can I sue if my condition was diagnosed late but not missed entirely?

Yes. Delayed diagnosis can still constitute malpractice if it worsened your prognosis or required more aggressive treatment.

How long do I have to file a medical malpractice claim in New York?

In most cases, you have two and a half years from the date of malpractice, though exceptions may apply.

What is my failure to diagnose case worth?

Compensation depends on the severity of injury, medical costs, lost income, and long-term impact on your life.