Skip to content

Missed diagnosis

The signs were there, and then they were not acted on

A diagnosis can be late for good reasons: symptoms overlap, tests come back unclear, and a condition can look like something else. A claim begins when a careful clinician would have seen it sooner, and the delay changed what treatment was still possible.

That usually comes down to a short list of moments: a scan read too quickly, a lab result nobody followed up, a referral that was never made, a patient sent home twice with the same complaint. The chart shows each of them, with a time.

Hands holding two spine X-ray films side by side

Where it slips

Where a diagnosis can slip

Four places to look, and the record that shows each one.

  • Imaging

    Whether the original report and the images agree, and whether a radiologist in the same field would have read them the same way.

  • Lab results

    When a result was returned, who saw it, and whether anyone called you.

  • Referrals

    Whether a specialist visit was ordered, scheduled and completed, or dropped between offices.

  • Return visits

    How many times the same symptom brought you back, and what was written each time.

Diagnosis, asked and answered

Is a delayed diagnosis always malpractice?

No. The question is whether the delay was avoidable and whether it changed your outcome. A physician reviewer addresses both.

What if the illness would have been serious anyway?

That is often the hardest part of these cases. The review looks at what treatment would have been available earlier and how it might have changed things.

Can a family bring a claim after a death?

In many cases a family member can act for the person who died. The rules and the deadlines differ by state, so please call early.

Do I need all my records before I call?

No. Send what you have: dates, names of the doctors and the hospital. The office requests the rest.

Was something missed?

Tell the office what you were told, and when. A physician will read the records before anyone gives you an answer.