A failure to diagnose occurs when a healthcare provider does not identify a medical condition promptly, or at all, despite the presence of symptoms or signs that should have led to further testing or treatment. These cases are among the most complex types of medical malpractice claims, as they require careful analysis of what the doctor knew—or should have known—at the time of care.
Proving a failure to diagnose that has led to harm is rarely a straightforward process. However, the foundation of such cases tends to be grounded in a few consequential elements. If you or a loved one has suffered harm due to a failure to diagnose scenario, you’ll want to speak to your legal team about the following.
Relationships and breaches in the standard of care required
First, you must show that a doctor-patient relationship existed. This is usually straightforward. Once a medical professional agrees to examine, evaluate or treat a patient, the relationship is established and the physician owes a legal duty of care.
The next step is demonstrating that the healthcare provider breached the standard of care. This means showing that the provider did not act in a way that a reasonably competent physician would have under similar circumstances. In failure to diagnose cases, this often centers around missed symptoms, failure to order appropriate tests, misreading of diagnostic results or not referring the patient to a specialist. Expert testimony is typically required to explain what a competent provider would have done and how the defendant’s conduct deviated from that standard.
Causation and damages
Once a breach is established, you must prove causation. This is usually one of the most challenging aspects of a failure to diagnose case. You need to show that the missed or delayed diagnosis directly caused harm that could have been avoided if the diagnosis had been made earlier. For example, if a doctor failed to diagnose cancer and, as a result, the cancer progressed to a more advanced and less treatable stage, that worsening condition must be tied to the delay. Without this connection, even a clear error may not be enough for a malpractice claim.
Lastly, you must show damages. These can include additional medical expenses, lost wages, increased pain and suffering and/or reduced chances of recovery. The more severe the consequences of the missed diagnosis, the more significant the potential damages.
Proving a failure to diagnose is rarely easy, but with a strong legal team and medical support, patients and families can seek accountability and fair compensation for the harm they have endured.