Define: Failure To Diagnose

Failure to diagnose is a medical malpractice claim that arises when a healthcare provider, such as a doctor or medical professional, fails to correctly identify a patient’s medical condition in a timely manner, resulting in harm or injury to the patient. This can occur when a healthcare provider overlooks symptoms, misinterprets test results, fails to order appropriate tests, or fails to follow up on abnormal findings. Failure to diagnose can lead to delayed or incorrect treatment, progression of the underlying condition, and worsened health outcomes for the patient. Patients who believe they have been harmed due to a failure to diagnose may have legal recourse to seek compensation for their injuries, including medical expenses, lost wages, pain and suffering, and other damages, through a medical malpractice lawsuit. Successful claims typically require demonstrating that the healthcare provider’s actions fell below the accepted standard of care, and that the failure to diagnose directly resulted in harm to the patient.

Failure to diagnose may be used as a reason to file a medical malpractice case and can be considered a breach of the doctor’s duty to provide prompt and adequate medical care. To win a medical malpractice case for a failure to diagnose a claimant must prove the established standards of medical practice were not followed, the doctor was negligent and the claimant suffered damages.

Consider, however, if there are no damages, there is not a medical malpractice claim. Specifically for a failure to diagnose a claimant must show the doctor breached their duty and that another doctor in a similar situation would have made the diagnosis.

If you believe you have a medical malpractice case for a failure to diagnose talk to a personal injury lawyer. There is a statute of limitations for filing a medical malpractice case in every state and failure to file the failure to diagnose case within the specified time limit will eliminate your right to compensation.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.