Failure to Diagnose or Misdiagnose is Negligence
When a medical professional inaccurately diagnoses a condition, it qualifies as misdiagnosis. Importantly, misdiagnosis is legally recognized as a form of medical malpractice.
Therefore, if you've suffered due to an incorrect diagnosis, you have grounds to seek financial compensation for the harm caused.
At Dempsey Kingsland & Osteen, our attorneys understand the frustration you feel when you or a family member cannot get an accurate diagnosis of an illness.
Frequently, the consequences of a failure to diagnose are far more serious than mere frustration. Many illnesses such as cancer, timely treatment is crucial to curing the cancer.
A missed or wrong diagnosis can lead to a long-term illness, inability to continue working, a permanent disability requiring long-term care, or death. Failure to diagnose is medical malpractice in some instances.
At Dempsey Kingsland & Osteen, we work to acquire fair compensation for injuries caused by negligent failure to diagnose illnesses or medical conditions.
Our experienced Kansas City medical malpractice lawyers, working with a team of medical experts from around the country, can evaluate your case.
We can also determine the full extent of the damage caused by negligent misdiagnosis or failure to diagnose your medical condition. Contact us today to get started.
💡 Key Takeaways
- Failure to diagnose can be medical malpractice: If a doctor missed a condition that a reasonably careful provider should have identified, and that mistake caused harm, you may have a valid legal claim.
- A missed diagnosis can lead to serious complications: When treatment is delayed, a condition may worsen, become harder to treat, or cause avoidable long-term damage.
- You may be able to recover compensation: Damages may include added medical costs, lost income, pain and suffering, and other losses tied to the delayed diagnosis.
- These cases depend on strong medical evidence: Medical records, testing history, expert review, and proof that earlier diagnosis would have changed the outcome are often central to the case.
- Acting quickly can protect your rights: Missouri imposes deadlines on medical malpractice claims, so it is important to speak with an attorney as soon as possible.
Common Diagnostic Failures
Certain medical problems elude diagnosis more often than others, but failure to meet the accepted standard of medical care in diagnosing them is medical malpractice.
But what is your legal recourse in this situation? Can you sue a doctor for failure to diagnose? The answer is yes if you can prove the medical provider’s actions (or inaction) fell below the standard of care.
At Dempsey Kingsland & Osteen, our attorneys have handled cases arising from diagnostic errors involving:
- Cancer
- Impending Heart Attack,
- Sepsis,
- Spinal Epidural Abscess,
- Internal Bleeding,
- Gallbladder Surgery Complications,
- Surgical Complications,
- Bowel Perforation, and
- Laparoscopic Surgery Complications.
Types of Medical Misdiagnosis
Misdiagnosis can take several different forms:
- The wrong disease is diagnosed,
- The doctor fails to diagnose the correct condition in a reasonable amount of time,
- The diagnosis of the current condition is correct, but the underlying cause is not identified,
- Medication side effects are mistaken for illness, and
- The doctor relies on inaccurate test results caused by faulty equipment or human error.
A misdiagnosis alone is not evidence of malpractice. Your lawyer must prove that another doctor in a similar field with similar experience would have reached the correct diagnosis.
Failure to Treat
Medical providers who fail to treat you can also fall under medical malpractice. Potential examples that could lead to a failure to treat lawsuit include:
- Not treating a patient in a timely manner,
- Failure to refer a patient to a specialist,
- Not advising a patient about treatment options, or
- Failure to treat symptoms of a heart attack or stroke when the patient is in the emergency room.
Not properly treating a patient can have dire consequences. It could cause irreversible harm, especially in cases involving life-threatening issues like cancer.
How to Prove a Failure to Diagnose Medical Malpractice Case
Before you can collect compensation for a failure to diagnose, you must first demonstrate there was a doctor-patient relationship.
Next, you must show evidence that the medical provider failed to live up to the accepted standard of care. If you can establish proof of these two elements, you must also show that the failure to diagnose or misdiagnosis was the proximate cause of your injury or worsening condition.
For example, not diagnosing cancer early enough could cause a patient to undergo more serious treatment than would’ve been necessary.
Establishing medical negligence is not easy, which is why it’s important to hire a lawyer. At Dempsey Kingsland & Osteen, we have full-time doctor and nurse experts on staff who help build solid cases for medical malpractice.
See what our clients have to say about our services:
What to Expect When Filing a Medical Malpractice Lawsuit
Understandably, you might have questions on what to expect if you file a medical malpractice lawsuit. Once your case is in litigation, it enters the discovery phase.
This period is where both sides gather evidence. For example, you might get called in for a deposition where you answer questions under oath.
Your attorney will also hire impartial expert witnesses who can testify on your behalf. These experts help determine the accepted standard of medical care in your particular case. They can also discuss whether your medical provider breached the duty of care.
Not all failure to diagnose medical malpractice lawsuits will go to trial. If your evidence and expert witnesses are strong enough, the defendants might try to settle the lawsuit.
This process will involve negotiations between both sides’ attorneys to reach an agreement on how much money the defendants will pay.
How a Medical Malpractice Attorney Can Help
Our failure to diagnose attorneys in Kansas City can work quickly to determine the nature of your injury and its long-term consequences to you.
We encourage you to speak with us about a suspected failure to properly diagnose your medical condition. Our lawyers have over 20 years of litigation experience.
Many other law firms refer cases to us because of our extensive experience and record of success in the courtroom. We are proud of our reputation as the premier law firm for medical malpractice cases in the area and will fight tirelessly as your legal advocate.
Please schedule a no-obligation consultation with our office to learn more about how we can help.
FAQ: Failure to Diagnose
What does failure to diagnose mean in a medical malpractice case?
Failure to diagnose means a doctor or other medical provider did not identify a condition they reasonably should have caught under the circumstances. In a malpractice claim, it is not enough that the diagnosis was wrong or delayed. You also have to show that the mistake caused real harm, such as a worsened condition, more invasive treatment, or a reduced chance of recovery.
Can I sue a doctor for a missed diagnosis in Kansas City?
Yes, you may be able to sue if a missed diagnosis caused you preventable harm. A valid case usually depends on whether another competent provider would have recognized the condition sooner and whether that earlier diagnosis would have led to better treatment or a better outcome.
What kinds of conditions are commonly involved in failure to diagnose claims?
Failure to diagnose claims often involve serious conditions such as cancer, stroke, heart attack, infections, internal bleeding, and other illnesses where timing matters. These cases tend to focus on whether symptoms, test results, or warning signs were overlooked when prompt action was needed.
What compensation can be recovered in a failure to diagnose lawsuit?
Compensation may include additional medical expenses, lost wages, reduced earning ability, pain and suffering, emotional distress, and other losses caused by the delayed diagnosis. If the failure to diagnose led to a death, surviving family members may also have grounds for a wrongful death claim.
How do you prove a failure to diagnose case?
These cases are typically proven through medical records, test results, provider notes, timelines, and expert testimony. The key issue is often whether the provider failed to meet the accepted standard of care and whether an earlier diagnosis would likely have changed the patient’s outcome.
Where to find our Kansas City, MO office:
