When you seek a diagnosis from a medical professional, you expect them to be able to tell you exactly what’s going on and make an accurate diagnosis. Unfortunately, that’s not always how it plays out. Doctors frequently make mistakes and either misdiagnose or fail to diagnose their patients correctly. Not every situation counts as medical malpractice, but some situations cross that legal line.
If you’re trying to figure out whether your specific situation was just unfortunate or actual malpractice, here’s how to tell.
Get advice from a lawyer
When you suspect a diagnostic error has caused you harm, it’s critical to contact an attorney right away to get a professional opinion on your situation. Medical malpractice lawsuits are complex, and you can’t know for sure if you have a case without speaking to a lawyer.
The legal line that makes a diagnostic error count as malpractice involves a deviation from the standard of care that directly causes harm with quantifiable damages. If another trained, competent doctor would have done something different (like order additional tests) and yours did not, that’s a red flag for malpractice. Skipping imaging, bloodwork, and specialist referrals when symptoms clearly justify them is one of the most common diagnostic failures. Ignoring your history, symptoms, or contraindications can also constitute malpractice.
Violating the standard of care is the foundation of what makes a bad outcome malpractice, but the harm caused must also be quantifiable in terms of additional medical bills, lost wages, or pain and suffering. When you connect with a medical malpractice lawyer, they’ll use their experience to determine whether or not you have a case.
Diagnostic errors that often count as malpractice
There are three main diagnostic errors that can sometimes be considered negligence: a missed diagnosis, a delayed diagnosis, and an incorrect diagnosis. A missed diagnosis is when a doctor fails to diagnose a condition that other doctors would have identified. For example, sometimes doctors ignore classic symptoms of a heart attack or stroke. A delayed diagnosis is one that eventually happens, but after serious damage has been done. A good example of this is when a cancer diagnosis is delayed until after the condition turns into a life-threatening situation. An incorrect diagnosis occurs when a doctor diagnoses and treats the wrong illness.
You must prove harm for malpractice
Even when a doctor makes a mistake, you still need to prove that their error caused you harm. You have to prove that your medical outcome would have been different with a correct or timely diagnosis. Some states recognize medical malpractice claims made on the basis of diminished survival odds. An example of this would be if your cancer treatment was delayed because of a failed diagnosis, and your survival probability dropped from 70% to 40%.
You must also prove material damages
For a medical malpractice claim to be valid, you need to prove that it made your life materially worse. For example, extra medical bills from correcting the error, disability, and pain can all be considered damages. Without damages, even negligence isn’t enough.
Why diagnostic errors happen
Most diagnostic errors happen when there’s a breakdown in communication and information isn’t fully assessed. For instance, abnormal lab results can fall through the cracks if they aren’t reviewed. This is a common cause of diagnostic failure in medical malpractice claims. Another common occurrence is when specialists and primary care doctors don’t fully communicate with each other and patient information isn’t shared.
Sometimes patients aren’t told what symptoms to watch out for or their concerns are dismissed. Many serious conditions start out with minor symptoms that mimic the common cold, the flu, and other mild ailments.
When a bad outcome isn’t malpractice
Not every diagnostic error forms the basis for a valid lawsuit. The law recognizes that medicine can be full of uncertainties. For example, if your symptoms weren’t clear and your doctor followed accepted practices, your situation might not be malpractice, even if you were misdiagnosed. And if your outcome wouldn’t have changed with an earlier or correct diagnosis, there’s no legal basis for a claim. Being unable to link the diagnostic error directly to any harm is the most common reason medical malpractice cases get dismissed.
Ask a lawyer if your situation crosses the line
If you think your doctor violated the standard of care and caused you measurable harm through a diagnostic error, talk to a lawyer right away. Don’t try to file a lawsuit on your own before getting legal advice. A qualified medical malpractice attorney is the best way to determine if you have a valid lawsuit.
