Diagnosis concerns
Misdiagnosis and delayed diagnosis.
When a condition is missed, diagnosed late, or mistaken for something else, the delay can change what treatment is possible. Here’s how these concerns are evaluated, and what to gather.
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What counts as a diagnosis error
A diagnosis error happens when a health problem isn’t identified correctly or in time. It usually takes one of three forms:
- Missed diagnosis: the condition isn’t found at all, and the patient is sent home or treated for something else.
- Delayed diagnosis: the condition is found eventually, but later than it should have been.
- Misdiagnosis: the patient is diagnosed with the wrong condition, and may get treatment they didn’t need while the real problem goes untreated.
How diagnosis errors happen
Diagnosis is difficult, and not every missed or late diagnosis is negligence. Concerns often involve one or more of these:
- Symptoms that were dismissed or not fully investigated
- A test that should have been ordered but wasn’t
- Imaging or lab results that were misread
- Abnormal results that were never followed up or passed on to the patient
- A referral to a specialist that should have been made but wasn’t
- Information lost between providers, shifts, or facilities
Conditions often involved
Any condition can be missed, but many serious diagnosis concerns involve:
- Cancers, including breast, lung, colorectal, cervical, and skin cancers
- Heart attacks and strokes, especially when symptoms aren’t typical
- Infections, such as sepsis and meningitis
- Blood clots, including pulmonary embolism
- Surgical emergencies, such as appendicitis or a bowel obstruction
What an attorney will look at
Diagnosis cases usually turn on two questions. First, would a reasonably careful provider in the same situation have made the diagnosis sooner, based on the symptoms, history, and results available at the time?
Second, would an earlier diagnosis have made a real difference, for example by allowing treatment that could have prevented the harm or improved the chances of recovery? That second question is often the harder one. It usually needs a medical expert, and states treat a reduced chance of recovery differently.
What to gather
- Dates of each visit, call, or patient-portal message about your symptoms
- What symptoms you reported, and what you were told
- Tests that were ordered, and when you got the results
- When and how the correct diagnosis was made
- Names of the providers and facilities involved
Your health comes first
If you’re worried a condition was missed, you always have the right to a second opinion or to see a specialist. Don’t wait on a legal question to get the care you need.
Questions
Questions about diagnosis concerns.
A second doctor found what the first one missed. Is that malpractice?
Not necessarily. The question is whether the first provider fell below the standard of care with the information they had at the time, and whether the delay caused harm. An attorney, usually working with a medical expert, can review both sets of records.
Can a radiologist or lab be responsible?
It’s possible. Radiologists who read imaging and laboratories that process and report results can make errors that contribute to a missed diagnosis. So can the systems meant to get results to the right provider.
Is a delayed cancer diagnosis malpractice?
It can be, if the delay came from care below the standard of care and it made a difference, for example if the cancer progressed in the meantime. Many delays don’t meet that test, which is why an expert review matters.
Worried something was missed?
Tell us what happened in a few short questions. Approximate dates are fine.
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