A failure to diagnose claim alleges the provider missed a condition, delayed identifying it, or diagnosed it incorrectly. Liability requires proof that a competent practitioner would have made the diagnosis and that the delay caused harm.
Common contexts include cancer, myocardial infarction, stroke, infection, and fractures.
Alternative Names:
Diagnostic Error, Missed Diagnosis
Why it Matters?
These are the most frequently litigated malpractice claims, and causation is usually the stronger defense rather than the standard of care. Establishing that earlier diagnosis would have changed the outcome requires evidence about staging, treatment options, and prognosis at the earlier point, which is often genuinely uncertain. That uncertainty is why loss of chance doctrine matters so much in this category.
Frequently Confused with
Frequently asked questions
Is a missed diagnosis automatically malpractice?
What is the usual causation defense?
