What is Failure to Diagnose? | Staver Accident Injury Lawyers, P.C.
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What is Failure to Diagnose?

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Medical Malpractice


There are many types of medical malpractice. One common error is the failure to diagnose. While failure to diagnose is often the fault of the doctor, there are other elements that could be to blame as well.

Failure to diagnose is a form of negligence, but it does not always lead to medical malpractice. To learn more about diagnosis errors, call the Chicago medical malpractice lawyers at Staver Accident Injury Lawyers, P.C. at (312) 236-2900.

Types of Diagnosis Errors

Failure to diagnose is one of several diagnostic errors. As the name suggests, failure to diagnose means that your doctor took no action to treat your symptoms. They did not diagnose you with a certain disease or prescribe any medications.

Misdiagnosis is along the same lines as failure to diagnose, except that you are diagnosed with an illness – it’s just not the right one. The doctor may treat the incorrect illness with the wrong drugs. This may not specifically cause your body any harm, but taking unnecessary drugs can cause complications in some people.

Delayed diagnosis is when the doctor treats the right condition, but takes a long time in doing so. If it’s taking your doctor months to come up with a proper diagnosis for a condition like cancer, then you’re losing precious time. Some cancers spread quickly, and you could end up in worsened condition because of the excessive delay.

When Failure to Diagnose Is Medical Malpractice

Not all diagnostic errors result in medical malpractice. Such a claim consists of three elements: a doctor-patient relationship, an act of negligence, and direct harm from the negligence.

If your doctor does not perform their duties, then it may be malpractice. For example, doctors must ask about your medical history and lifestyle. They must also do their best to recognize your symptoms, order relevant tests, and read the results properly.

In addition, you as a patient have responsibilities as well. You need to be clear and honest with your doctor. Tell them any medications you are taking and be specific about your symptoms. Doctors need as much information as possible to make an educated diagnosis. Withholding important medical information can endanger your life.

Getting Legal Help for Failure to Diagnose

Diagnostic errors can be a serious matter. While many common illnesses resolve themselves without extensive medical treatment, many illnesses require prompt treatment. A delay or failure to diagnose altogether can cause an illness to worsen. In some cases, it can even lead to death.

If you believe your doctor should have diagnosed your disease, seek legal help. While not every disease is easy to diagnose – especially if the symptoms are vague or similar to another common disease – a skilled physician should be able to correctly diagnose many diseases.

Contact a Chicago medical malpractice lawyer from Staver Accident Injury Lawyers, P.C. today. We will uncover the evidence needed to provide you with a favorable outcome. Call (312) 236-2900 for a free, initial consultation.

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(312) 236-2900
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