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Failure to Diagnose

all healthcare providers owe a professional duty to their patients

We have the knowledge and skills to help injured victims at a time when they are suffering physically, emotionally, and financially. Contact us today.


A diagnostic error most commonly occurs when a healthcare provider misses the correct diagnosis, or fails to make the correct diagnosis in a timely manner. According to a study by Johns Hopkins University School of Medicine, covering 25 years of U.S. malpractice claims, “diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States.” Some estimates suggest that diagnostic errors affect at least 1 in 20 U.S. adults.    

When a physician fails to diagnose a medical condition promptly and properly, he or she fails at their first commitment to patients: to do no harm.  When a physician causes harm, a patient has every right to question why the injury happened and, more importantly, whether it would have happened with proper care. A physician’s failure to diagnose a medical condition, misdiagnosis, or delayed diagnosis, can lead to complications, unnecessary procedures, emotional and physical suffering, and sometimes death. 

Unfortunately, conditions that frequently go misdiagnosed or undiagnosed include:

  • Cancer
  • Stroke
  • Heart attack or other heart conditions
  • Aneurysm
  • Meningitis
  • Pulmonary embolism (P.E.)
  • Infection
  • Surgical injuries
  • Cauda equina syndrome or spinal abscess
  • Compartment syndrome
  • Other medical emergencies

When these conditions go undiagnosed or misdiagnosed, patients may continue to suffer painful symptoms unnecessarily, or their diseases may progress to a more severe or deadly stage. Sometimes patients who are misdiagnosed undergo painful and expensive treatments for the wrong medical condition, or they spend time and money visiting multiple healthcare professionals in a desperate attempt to find answers and relief.

Why do you need a lawyer?

Victims of a failure to diagnose a medical condition often need help breaking through the barriers put up by healthcare professionals and systems to get answers about the errors in their medical care. An experienced medical malpractice attorney has the knowledge and skills to help injured victims at a time when they are suffering physically, emotionally, and financially. An attorney will investigate your case; communicate with the hospitals, attorneys, insurers, or other parties involved; and represent you in any settlement negotiations or, if necessary, at trial. 

Victims of medical malpractice are entitled to financial compensation for their physical and emotional suffering, lost wages, medical bills, and other expenses due to a failure to diagnose. An unrepresented victim is statistically far more likely to get a lowball offer from a defendant or insurer and a lower award if the case goes to trial. Having the assistance of an attorney improves a victim’s chances of getting the compensation they need to get back on their feet.

Why Morris James?

The attorneys at Morris James have been representing suffering victims since they opened their doors in 1932. We listen to each client and we fight zealously for them. We know the tactics and strategies that insurers and healthcare institutions employ and how to fight against them. Our attorneys will help you obtain the financial compensation you need and deserve.

If you or a loved one has been harmed due to a failure to diagnose by a healthcare professional, we may be able to help. Our medical malpractice attorneys at Morris James can discuss your rights and options at this difficult time. Contact us online or by calling 302.655.2599 to find out more.




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