Medical errors are a major cause of death in the US, with 251k people dying annually because of issues like misdiagnosis or a failure to diagnose. Medical malpractice is professional negligence by a healthcare provider that causes injury or death to a patient.
One of the most common allegations in medical malpractice lawsuits is a failure to diagnose a medical condition. However, not every missed or delayed diagnosis constitutes malpractice. This article examines when a failure to diagnose may be grounds for a malpractice claim.
What Constitutes a Failure to Diagnose
Big diagnostic errors come to light in 10-20% of autopsies, which suggests between 60k and 80k people die because they received the wrong diagnosis. One study found that 7.4 million people a year suffer harm in an ER department because of a diagnostic error.
A failure to diagnose claim asserts that a healthcare provider breached the standard of care by not diagnosing the patient’s condition in a timely manner. This failure prevented the patient from receiving prompt treatment, causing the patient’s condition to worsen. Examples of potential failures to diagnose include:
- Not ordering appropriate diagnostic tests and imaging studies
- Misreading or misinterpreting test results
- Not recognizing symptoms of a disease or condition
- Not taking into account the patient’s risk factors and medical history
For a plaintiff to prove a failure to diagnose claim, they must show:
- The patient had a pre-existing condition that should have been diagnosed
- The physician breached the standard of care by not diagnosing it
- The delay in diagnosis caused the patient’s injuries
Failures to Diagnose vs. Misdiagnoses
A misdiagnosis claim is different from a failure to diagnose. With a misdiagnosis, the healthcare provider does make a diagnosis but diagnoses the wrong medical condition. In contrast, a failure to diagnose allegation asserts that the provider negligently did not diagnose the condition at all in a timely manner.
When a Failure to Diagnose Constitutes Malpractice
Not every failure to diagnose constitutes medical malpractice. Diagnosing medical conditions can be challenging, and healthcare providers must weigh patient reports, test results, and their own medical judgment. For a plaintiff to prove the failure to diagnose was malpractice, they must show:
- The doctor-patient relationship – The provider owed the patient a duty of care
- The provider breached the standard of care – Diagnostic steps a reasonably prudent doctor would have taken were not taken
- This breach caused the injury – Timely diagnosis would have changed the course of treatment and prognosis
- Damages – The patient suffered harm requiring compensation
Defenses in Failure to Diagnose Claims
Healthcare providers have several possible defenses in failure to diagnose cases:
- There was no doctor-patient relationship at the time
- The patient provided incomplete or inaccurate medical history
- The patient ignored medical advice to get testing or screening
- The patient’s symptoms did not indicate the condition at the time
- Even a timely diagnosis would not have changed the outcome
If the provider can show proper diagnostic steps were taken, or timely diagnosis would not have impacted the patient’s health, a medical malpractice claim may not succeed. This is something a medical malpractice lawyer with experience handling failure to diagnose injury cases can advise you on.
While failure to diagnose is a common medical malpractice allegation, not every delayed or missed diagnosis constitutes negligence or malpractice. By understanding when a failure to diagnose breaches the standard of care and causes patient harm, patients and healthcare providers alike can better navigate this complex area of medical liability.
