When Doctors Miss the Signs: Failure to Diagnose in Medical Malpractice

Timely and accurate medical diagnosis can mean the difference between life and death.

But if a doctor fails to identify a serious condition, like cancer, a stroke, or a heart attack, and critical treatment is delayed, that failure can have fatal consequences. 

For thousands of patients each year, this scenario becomes a painful reality. The failure to diagnose a serious illness isn’t just a mistake; it can be grounds for a medical malpractice lawsuit.

At Morgan & Morgan, we believe patients deserve answers, accountability, and justice. If a missed diagnosis has altered the course of your health or the life of a loved one, our medical malpractice attorneys are here to help.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is “Failure to Diagnose”?

“Failure to diagnose” is a form of medical malpractice that occurs when a physician:

• Fails to recognize the signs or symptoms of a serious medical condition,
• Fails to order appropriate tests or screenings, or
• Misinterprets test results and thus misses the correct diagnosis.

Unlike a misdiagnosis (where a patient is diagnosed with the wrong condition), failure to diagnose means the condition is completely overlooked, often until it progresses and becomes more difficult or impossible to treat.

Why Missed Diagnoses Are So Dangerous

The danger in a missed diagnosis lies in time. For conditions like cancer, stroke, heart attacks, and infections, early intervention is critical. Delayed treatment can lead to:

• Worsening of the condition
• Irreversible damage to the body
• Fewer or more invasive treatment options
• Reduced survival rates
• Death

For example, many forms of cancer, such as breast, colon, or prostate, are highly treatable in early stages, but if diagnosis is delayed by months or years, the cancer may spread and become incurable. Similarly, if a stroke isn’t diagnosed and treated within hours, the brain may suffer permanent damage.

Common Conditions That Are Often Missed

While any condition can potentially go undiagnosed, the following are among the most commonly missed in malpractice claims:

Cancer

Cancers are frequently missed in primary care and even in specialist settings. Some of the most commonly undiagnosed or delayed cancers include:

• Breast cancer
• Colorectal cancer
• Lung cancer
• Skin cancer (melanoma)
• Prostate cancer

Missed cancer diagnoses can result from failing to investigate abnormal test results, dismissing patient-reported symptoms, or misreading scans or biopsies.

Stroke

Strokes can present with subtle or atypical symptoms, especially in younger patients or women. ER doctors may mistake them for migraines, intoxication, or anxiety. But every minute without treatment increases the likelihood of permanent disability.

Heart Attack

Like strokes, heart attacks can present with vague symptoms like fatigue, nausea, or shortness of breath. Women are particularly at risk of being misdiagnosed when experiencing cardiac events.

Infections

Serious infections like sepsis, meningitis, or appendicitis can be mistaken for minor illnesses. A delay in antibiotics or surgery can quickly become life-threatening.

Autoimmune and Neurological Disorders

Conditions like multiple sclerosis, lupus, and Parkinson’s disease can develop gradually and mimic other diseases, leading to years of misdiagnosis or dismissal.

How Do These Errors Happen?

Medical professionals are only human, but when their mistakes result from negligence, patients suffer needlessly. Some of the most common causes of failure to diagnose include:

• Inadequate physical examinations
• Dismissal of patient complaints or symptoms
• Failure to order necessary diagnostic tests
• Failure to follow up on test results
• Relying too heavily on one diagnosis (“anchoring bias”)
• Communication errors between healthcare providers
• Overworked or understaffed hospitals

At Morgan & Morgan, we review the medical records carefully to identify whether standard procedures were followed. If a reasonably competent doctor in the same situation would have made the correct diagnosis, the failure may rise to the level of malpractice.

Legal Elements of a Failure to Diagnose Case

To bring a successful claim for failure to diagnose, a plaintiff must prove the following:

1. A Doctor-Patient Relationship Existed

You must show that the doctor owed you a duty of care, which is generally established by a clinical encounter.

2. The Doctor Was Negligent

This means they did not act in accordance with the accepted standards of medical practice. Would a competent doctor in the same situation have made the diagnosis? If the answer is yes, negligence may be present.

3. The Negligence Caused Harm

You must show that the failure to diagnose directly caused or worsened your condition. For example, the cancer became terminal because it was not caught in time.

4. You Suffered Damages

These may include:

• Physical pain
• Emotional suffering
• Medical expenses
• Lost income
• Loss of future earning capacity
• Loss of enjoyment of life
  
   

What Compensation Can Victims Receive?

Victims of medical malpractice may be entitled to compensation for:

• Medical bills (past and future)
• Lost wages and earning potential
• Pain and suffering
• Emotional distress
• Loss of consortium (impacts on relationships)
• Wrongful death damages, if a loved one passed due to a missed diagnosis

At Morgan & Morgan, we fight for full and fair compensation to cover not only what you’ve lost but what you’ll need to move forward.

Statute of Limitations for Medical Malpractice

Every state has a time limit, called the statute of limitations, for filing a medical malpractice claim. This limit typically ranges from 1 to 3 years from when the malpractice occurred or from when it was discovered.

However, some exceptions apply, especially if the patient was a minor or the malpractice was fraudulently concealed. It’s critical to contact a lawyer as soon as possible to protect your rights.

Why You Need a Medical Malpractice Attorney

Medical malpractice cases are complex. They require a deep understanding of medical standards, access to expert testimony, a thorough review of medical records, and resources to stand up to hospitals and insurance companies.

Morgan & Morgan has a team of dedicated medical malpractice attorneys who have recovered billions for clients nationwide. We work with leading medical experts to build strong cases and pursue justice aggressively.

And because we work on a contingency basis, you pay nothing unless we win your case.

How Morgan & Morgan Can Help

Doctors take an oath to do no harm. When a failure to diagnose causes unnecessary pain, suffering, or death, patients and their families deserve justice. No one should have to wonder what could have been if only a doctor had paid closer attention, ordered the right test, or acted sooner.

If you or a loved one has suffered because of a missed diagnosis, we want to hear your story.

As the nation’s largest personal injury law firm, Morgan & Morgan is uniquely equipped to take on medical malpractice cases of any size. With an army of over 1,000 trial-ready attorneys and law offices in every state across the country, we’ve recovered over $25 billion for our clients, and we may be able to help your case, too.

If you believe your condition or that of a loved one was missed or diagnosed too late, contact us today for a free case evaluation. If we can take your case, we can assist in seeking a second opinion immediately, collect your medical records, and file a claim on your behalf. Plus, you won’t pay a dime to get started. Our Fee Is Free®, and you only pay if we win your case.

How Common Are Misdiagnoses?

According to Docpanel, 12 million adults are misdiagnosed in the US each year, including 10-20 percent with serious conditions. Cancer diagnoses are particularly affected, with almost half of cancers misdiagnosed. 

What Do I Do If I Have Been Misdiagnosed?

A misdiagnosis can have devastating consequences. When a doctor gets it wrong, you might endure unnecessary treatments, suffer from a worsening condition, or miss the window for life-saving care. If you believe you’ve been misdiagnosed, it’s important to act quickly, not just to protect your health, but to preserve your legal rights as well.

At Morgan & Morgan, we understand how frightening and frustrating a misdiagnosis can be. 

Here’s what to do if it happens to you:

1. Trust Your Instincts

If something feels off—your symptoms are getting worse, treatment isn’t working, or your concerns are being dismissed—listen to your gut. You know your body better than anyone.

Medical professionals are trained to help, but they’re not infallible. If you suspect you’ve been misdiagnosed, it’s OK to question it and seek more information.

2. Get a Second Opinion Immediately

One of the most important steps you can take is getting a second (or even third) opinion from a qualified specialist. A fresh set of eyes may lead to the correct diagnosis and proper treatment.

When scheduling another evaluation:

• Bring your complete medical records
• Be honest about all your symptoms
• Ask whether your current diagnosis makes sense based on the evidence
  
   

3. Request and Review Your Medical Records

You have the legal right to access your full medical history, including doctor notes, lab results, scans, and treatment plans. Request these as soon as possible.

Once you have them, review for any red flags:

• Were appropriate tests performed?
• Were your symptoms fully documented?
• Were abnormal results overlooked or dismissed?

These records will also be essential if you pursue a malpractice claim.

4. Stop Harmful Treatments (With Medical Guidance)

If your misdiagnosis has led to unnecessary treatments, like medications, surgeries, or therapies, talk to a trusted physician about whether they should be stopped or adjusted.

Do not discontinue treatment on your own. Your new doctor can guide you safely through any transition.

5. Document Everything

Keep detailed notes of:

• Symptoms and changes over time
• All medical visits and what was discussed
• Treatments received
• Conversations with healthcare providers

Also, save any prescriptions, bills, or referrals. This documentation may be important later if legal action is warranted.

6. Protect Your Legal Rights

If your misdiagnosis caused you harm, such as delayed treatment, unnecessary medical procedures, or permanent injury, you may be entitled to compensation through a medical malpractice lawsuit.

At Morgan & Morgan, our experienced attorneys can help determine if your case meets the legal criteria for malpractice. These include:

• A doctor-patient relationship existed
• The provider was negligent in your diagnosis
• That negligence caused you harm
• You suffered damages as a result
  
   

7. Understand What Compensation Might Cover

If you pursue a malpractice claim, you may be able to recover damages for:

• Medical expenses (past and future)
• Lost wages or reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term disability
• Wrongful death (if a loved one passed due to misdiagnosis)
  
   

8. Contact Morgan & Morgan for a Free Case Evaluation

Our team has handled thousands of medical malpractice cases involving misdiagnosis, delayed diagnosis, and failure to diagnose. We have the size, strength, and resources to take on hospitals, insurance companies, and healthcare providers, and we don’t back down.

You pay nothing upfront, and we only get paid if we win for you.

How Much Does It Cost to Sue a Doctor?

At Morgan & Morgan, we understand the financial challenges that medical negligence victims face. That’s why we never require upfront payments for the legal fees associated with your case. Our motto is the Fee Is Free®, and you don’t owe a dime if we don’t win. Only after you receive a successful verdict or settlement will we get paid from a portion of your compensation. That means you never pay out of pocket, and that anyone can have access to justice, regardless of their bank account balance.

Can I file a malpractice suit against someone who isn’t a doctor?

You may be eligible to pursue compensation against responsible parties, including doctors, institutions, or other parties in the medical field. This is known as a concept of vicarious liability.

When you file a malpractice lawsuit, you can expect that the hospital's legal team will push back a great deal. Most doctors or hospitals do not want to be found liable and will do everything they can to minimize the impact of the underlying incident or to claim that malpractice did not occur. With such high stakes, you need someone on your side who is prepared to push for the best outcome for you. Our lawyers are ready and able to help you take this case to settlement or court.

Hiring one of our attorneys is easy, and you can get started in minutes with a free case evaluation.