Which Errors Are Malpractice: Failure To Diagnose or Misdiagnosis?
A failure to diagnose, misdiagnosis, or delayed diagnosis may potentially qualify for a medical malpractice claim when a provider’s care falls below standard. These events can all be categorized as diagnostic errors, but each requires different legal considerations, evidence, and outcomes to qualify for a lawsuit.
Whether a physician’s actions adhered to the standard of care (the treatment you can expect from a reasonably careful provider), the severity of the harm caused, and the timing of the mistake can greatly change the legal actions available. Proving that a provider was negligent of their duty takes significant investigations, expert opinions, medical evaluations, and skilled legal help.
That’s where Miller Law Group’s medical malpractice attorneys come in. If you’ve been harmed by a physician and feel you’ve experienced substandard care, let our team evaluate the diagnostic error for signs of medical malpractice.
Understanding Delays in Care and Misdiagnoses
A misdiagnosis lawsuit names an entity responsible for incorrectly identifying a condition and providing incorrect treatment, while a failure to diagnose case involves an unidentified condition and delayed care. The difference between an incorrect label and an overlooked condition may seem slight, but evidence, core legal questions, and approach can differ greatly. To effectively investigate diagnostic events for malpractice, you’ll need to understand the type of failure first.
Differences Between Diagnostic Errors At-a-Glance
This grid outlines the basic differences between misdiagnosis, failure to diagnose, and delayed diagnosis to help you better understand these potential medical malpractice scenarios.
| Category | Misdiagnosis | Failure To Diagnose | Delayed Diagnosis |
|---|---|---|---|
| Definition | Provider labels a condition incorrectly | Provider misses the condition entirely | Provider finds the correct condition too late |
| Example Scenario | Treating a heart attack as indigestion or a stroke as intoxication | Stroke symptoms dismissed; diagnostic workup not completed | Follow-up lags for weeks or months, despite abnormal tests or other indicators |
| Core Legal Question | Did the provider’s wrong diagnosis fall below the standard of care and cause harm? | Did the failure to recognize the condition breach the standard of care and amplify the condition? | Was the delay preventable and did the diagnosis timing change the outcome? |
| Common Breach Signals | Misread imaging or test results; tests not ordered; red flags ignored | No workup ordered despite symptoms; no referral; incomplete exam | Test results or findings not acted upon; referral or communication failures |
| Time Factor | Harm occurs quickly (wrong procedure or drug) or over time | Early recognition likely would have changed outcome | The interval between red flags and correct diagnosis is key |
| When It’s Not Malpractice | Reasonable providers also differed; harm didn’t result | Condition was not reasonably detectable with available tests/signs | Short unavailability; did not change outcome |
When Diagnostic Errors Become Malpractice
Medical malpractice claims must meet certain legal standards to hold ground. Four essential elements must be proven to distinguish medical errors from malpractice:
- Duty of care: A doctor-patient relationship existed.
- Breach of the standard of care: The provider’s care fell below standard, and he or she failed to do what a “reasonably competent” professional would have done in similar circumstances. For diagnostic errors, evidence might show that the provider failed to:
- Include the correct diagnosis on a differential list when other doctors would have
- Order necessary tests or seek a specialist’s opinion to investigate symptoms
- Properly evaluate symptoms or complaints before dismissing the patient’s concerns
- Causation: The diagnostic error more likely than not changed the outcome (worsened the condition or caused a preventable injury).
- Damages: The diagnostic error resulted in measurable harm, such as unnecessary surgery, permanent disability, increased medical bills, or other consequences.
When Can You Sue a Doctor for Failing To Diagnose a Condition?
Evidence of negligence (a breach of the standard of care) is usually a good indicator that a failure to diagnose lawsuit may be possible. For a failure to diagnose to lead to a lawsuit, you must be able to prove the presence of all four elements of medical malpractice law (duty, breach, causation, and damages).
Is Delayed Diagnosis a Form of Malpractice?
Yes, if a preventable delay worsened a person’s outcome and increased their severity of harm, the situation may be considered a form of medical malpractice. Proving that this error qualifies for legal action requires demonstrating the four elements, similarly to any other malpractice claim.
What Is the Difference Between a Failure To Treat Medical Malpractice Case and a Diagnostic Error?
Both failures to treat and diagnostic errors can be considered medical malpractice, but they differ in where they occur. A failure to treat follows a correct diagnosis, while a misdiagnosis or delay occurs before treatment planning.
How Timing and Severity Impact Medical Malpractice Claims
Even when a breach occurred, a claim may not be viable without proof that earlier reasonable care would likely have changed treatment or prognosis. This is where timing and severity of harm become factors. You must show that the provider’s diagnostic error changed the treatment timing and meaningfully impacted the level of harm.
Preventable delays can cause a patient to miss a treatment window, allow a progressive disease to advance, or escalate someone’s risk and turn a manageable condition into an emergency or a wrongful death. If an error occurs that does not increase the severity of harm, the patient does not usually have a case. But when a misdiagnosis leads to a serious outcome, a claim is usually worth exploring.
Evidence for Proving Diagnostic Errors
The error you’re claiming will determine which medical records, timelines, test results, and expert opinions may be most impactful. Evidence must help establish a timeline necessary to prove a delay, failure, or incorrect diagnosis caused harm. Some examples of supportive documentation include:
- Date-stamped records: Triage notes, order times, result timestamps, referral dates, portal messages
- Differential diagnosis from a second provider: Show whether proper diagnostic steps were skipped and if a similar provider would come to the same conclusion
- Comparative timelines: Detailed records of your symptoms, limitations, and medical outcomes can help your team create a timeline for doctor visits, tests, and diagnosis
- Outcome linkage: Experts can explain how earlier or alternative action would likely have changed the treatment or prognosis
We typically use this evidence to compare the first symptom notes, the differential diagnosis, and test orders and results with time stamps and follow-up plans. We look for missed opportunities where reasonable next steps were indicated but not taken.
Get Answers for a Suspected Diagnostic Error
Finding a medical malpractice attorney is the first step to exploring a potential claim. Law firms with this practice area have access to medical experts and investigators who can help evaluate your specific circumstances and complex evidence. They understand how to treat a misdiagnosis lawsuit differently from a failure to diagnose malpractice claim, making your evidence gathering and support more meaningful.
We can review your records, explain how the standard of care applies, and discuss possible next steps at your pace. Contact the attorneys at Miller Law Group to get started.
