Patients rely on doctors to accurately diagnose illnesses and medical conditions so that treatment can begin as soon as possible. In many situations, that trust is well placed. However, when medical providers fail to identify a serious condition in time, the consequences can be devastating.

Generally speaking, medical malpractice occurs when a healthcare professional provides care in a negligent manner; that is their actions or failures to act fall below the accepted standard of care and cause an injury or worsens a patient’s condition or outcome. Understanding how misdiagnosis and delayed diagnosis occur can help patients recognize when medical negligence may have played a role in their injuries.

Diagnostic errors are a major patient safety concern. Research published in BMJ Quality & Safety estimates that approximately 12 million adults in the United States experience a diagnostic error each year.

What Is Misdiagnosis in Medical Malpractice?

Misdiagnosis occurs when a medical provider fails to identify an illness or condition, or misidentifies the wrong illness or condition, which can lead to a failure to timely treat or to provide incorrect treatment. As a result, patients may receive medications or procedures that fail to address the underlying medical issue.

In other situations, a physician may diagnose a minor condition while overlooking a more serious disease. When this happens, the true illness continues to progress without appropriate treatment.

Diagnostic errors can occur in many healthcare environments, including hospitals, emergency departments, urgent care clinics, and primary care offices.

What Is Delayed Diagnosis?

A delayed diagnosis occurs when the correct condition is eventually identified, but only after a delay that allows the illness to worsen.

Although the final diagnosis may ultimately be correct, the delay can still cause significant harm. Early detection is often critical for successful treatment, particularly for serious medical conditions.

Conditions that frequently require rapid diagnosis include stroke, cancer, heart attack, severe infections, and internal bleeding.

How Doctors Reach a Diagnosis

Diagnosing a medical condition is typically a multi-step process. Physicians must evaluate symptoms, review the patient’s medical history, perform a physical examination, and determine whether diagnostic testing is necessary.

Laboratory tests, imaging studies, and specialist consultations may all play an important role in reaching the correct diagnosis. When one or more steps in this process break down, the risk of diagnostic error increases.

More information about the diagnostic process is available through the National Institutes of Health.

Common Causes of Diagnostic Errors

Diagnostic mistakes can occur for many different reasons. In some cases, physicians may fail to order appropriate diagnostic tests despite concerning symptoms. In other situations, test results may be misinterpreted or important findings may not be communicated between medical providers.

Incomplete patient histories, communication breakdowns between healthcare professionals, and delays in follow-up care can also contribute to diagnostic errors.

Signs a Misdiagnosis May Have Occurred

Patients sometimes feel that something is wrong even after receiving a diagnosis. Although not every incorrect diagnosis constitutes malpractice, certain warning signs may indicate that a diagnostic error occurred.

Symptoms may continue to worsen despite treatment. Different physicians may provide dramatically different diagnoses. Test results may never be explained to the patient, or serious symptoms may be dismissed without proper testing.

Improving diagnostic accuracy remains a major focus of patient safety initiatives across the United States.

Conditions Frequently Associated With Misdiagnosis

Certain medical conditions are more frequently involved in diagnostic malpractice claims because their symptoms may resemble other illnesses.

Stroke

Stroke symptoms can resemble migraines or dizziness. Failing to recognize these warning signs can prevent patients from receiving life-saving treatment.

Learn more in our article on medical malpractice claims after a stroke.

Cancer

Early detection plays a crucial role in cancer treatment outcomes. When doctors delay imaging or fail to investigate symptoms, cancer may progress to a more advanced stage.

Heart Disease

Heart attacks may present differently between patients, particularly in women. Delayed diagnosis may lead to permanent heart damage.

Learn more in our article on medical malpractice cases involving heart disease.

How Medical Malpractice Cases Are Proven

Under New York law, a successful malpractice claim generally requires several elements. A patient must show that a doctor-patient relationship existed and that the healthcare provider owed a duty of care.

Next, the patient must demonstrate that the provider failed to meet the accepted standard of care. The patient must also show that the negligence directly caused harm and resulted in measurable damages.

Courts usually require expert medical testimony to explain how the diagnostic error occurred and how it affected the patient’s outcome.

Investigating a Misdiagnosis Medical Malpractice Case

Investigating these cases often requires reviewing medical records, imaging studies, laboratory reports, physician notes, and expert testimony. Because diagnostic errors frequently involve complex medical issues, experienced legal representation is essential.

Legal Options for Patients Harmed by Misdiagnosis

Patients who suffer harm due to misdiagnosis or delayed diagnosis may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and long-term medical care.

In the most tragic situations, families may pursue medical malpractice wrongful death claims when negligence contributes to a preventable death.

Speak With a New York Medical Malpractice Attorney

If you believe a doctor failed to diagnose a serious medical condition, you may have legal options.

The attorneys at Gillette & Izzo Law Office represent individuals and families harmed by medical negligence throughout New York.

Contact our office today to schedule a free consultation and learn more about your rights.