FIGHTING FOR FAMILIES WHEN THE STAKES ARE HIGHEST

Misdiagnosis or failure to diagnose a medical condition is one of the most common medical malpractice claims filed. It is defined as the failure of a physician to identify and then appropriately treat a medical condition, either by not identifying a problem at all or by misidentifying a problem as one thing when it is really something else.

Unfortunately, medical misdiagnosis will continue to be a serious concern in the future of our healthcare. The Indianapolis medical malpractice attorneys at Wagner Reese have been fighting for the victims of doctor misdiagnosis and failure to diagnose since 1997. If you have a claim, we have the experience and resources to determine a plan of legal action, investigate your medical malpractice case, and fight for your recovery.

Call (888) 204-8440 or fill out and submit an online contact form to request your free initial consultation today.

Why Does Misdiagnosis & Failure to Diagnose Occur?

With continued advances in medical care and technology, you may consider failure to diagnose/misdiagnosis to be a rare occurrence, yet diagnostic errors continue to plague modern medicine. Doctors, nurses, and other medical professionals dedicate their lives to caring for patients, but the faith instilled in our doctors to care for us during times of sickness and injury can be shaken when doctors fail to properly treat or diagnose patients in their care.

There can be several reasons a medical physician might fail to diagnose or misdiagnose a condition:

  • Delayed referral of a patient to a specialist
  • Test results misinterpreted
  • Failing to act on a patient’s complaints appropriately
  • Conducting a physical examination improperly
  • Misdiagnosing a tumor as benign
  • Failing to recognize potential indications of a problem
  • Not ordering appropriate tests when indicated
  • Failing to provide adequate follow-up care, including following up on test results or ordering additional tests
  • Lack of informed consent
  • Medical records mistakes

How Failure to Diagnose Differs from Misdiagnosis

Failure to diagnose and misdiagnosis are closely related but legally distinct. A failure to diagnose occurs when a physician fails to identify a condition, leaving the patient without a diagnosis or treatment plan. Misdiagnosis, by contrast, involves identifying the wrong condition and treating the patient accordingly, often to their detriment.

Both forms of diagnostic error can form the basis of a valid medical malpractice claim. Under Indiana law, a patient must demonstrate that their physician deviated from the accepted standard of care in reaching, or failing to reach, a diagnosis. When that deviation causes harm, including a worsened prognosis, unnecessary treatment, or death, the physician and their employer may be held legally liable. Understanding the distinction between these two errors matters because it shapes how an attorney builds your case and what evidence must be gathered to support it.

The Scope of Diagnostic Errors in the United States

Diagnostic errors are far more common than most patients realize. According to research published through the Agency for Healthcare Research and Quality, diagnostic errors accounted for 26.6% of closed malpractice claims over a 20-year period, and 39% of those cases resulted in the patient’s death. These figures reflect the profound and often irreversible harm that can follow when a physician fails to reach an accurate and timely diagnosis.

The consequences extend well beyond individual patients. Delayed diagnoses allow conditions to progress to advanced, harder-to-treat stages. Misidentified conditions lead to treatments that may themselves cause harm. For patients in Indiana who have suffered because a doctor missed a diagnosis, these statistics underscore a difficult truth: diagnostic failures are not rare accidents. They are a recognized pattern of preventable harm, and the legal system provides a path to accountability for those affected.

Conditions Commonly Affected by Diagnostic Failures

Some medical conditions are more frequently misdiagnosed or overlooked than others, and the consequences of a delayed or missed diagnosis can be severe. Cancer diagnoses are among the most serious, as delays in identifying malignancies can allow tumors to advance to stages where treatment options become limited. This is particularly true for breast, colon, prostate, lung, and skin cancers, all of which respond far more favorably to early intervention.

The following conditions are frequently involved in failure to diagnose claims:

  • Breast, colon, lung, prostate, and skin cancers
  • Meningitis and other dangerous infections
  • Stroke and cardiovascular events
  • Cerebral palsy and birth-related neurological conditions
  • Pulmonary embolism
  • Appendicitis
  • Spinal cord conditions

When a physician fails to recognize warning signs or order appropriate follow-up testing, patients may not learn of their true condition until it has significantly progressed. If you or a family member received a delayed diagnosis of cancer or another serious illness, the failure to diagnose cancer attorneys at Wagner Reese can evaluate whether your physician’s conduct fell below the applicable standard of care.

The Role of Emergency Room Errors in Failure to Diagnose Cases

Emergency departments are high-pressure environments where physicians must make rapid decisions with incomplete information. While this reality is understood, it does not excuse diagnostic failures when a provider deviates from accepted standards of care. Emergency room errors involving missed diagnoses are among the most consequential in medicine, as patients presenting to ERs are often experiencing urgent, time-sensitive conditions.

Stroke, heart attack, pulmonary embolism, and internal bleeding are among the conditions most frequently missed in emergency settings. A provider who dismisses symptoms without appropriate testing, fails to order imaging, or prematurely discharges a patient without ruling out serious conditions may have acted negligently. In Indiana, patients who suffer harm due to a missed ER diagnosis may have grounds to pursue compensation through a medical malpractice claim, and the attorneys at Wagner Reese have handled complex diagnostic error cases across a wide range of clinical settings, including emergency departments throughout the state.

What Wagner Reese Can Do for Your Failure to Diagnose Claim

Building a strong failure-to-diagnose case requires more than showing that a physician made an error. A successful claim must demonstrate that the error constituted a departure from the standard of care that a reasonably competent physician would have provided under similar circumstances, and that this departure directly caused harm. That standard requires a thorough investigation of your medical records, expert review, and a command of Indiana’s medical malpractice procedures.

With over 150 combined years of experience and recognition from Super Lawyers, Best Lawyers in America, and a Tier-One Best Law Firm ranking, Wagner Reese brings the depth and resources to pursue these claims effectively. Our attorneys handle failure-to-diagnose cases on a contingency fee basis, meaning you owe nothing unless we recover compensation on your behalf.

Medical Malpractice Claims for Diagnostic Errors

Failing to perform at the professional standards can result in severe health consequences for patients, including continued illness or injury or even the death of a loved one.

An error in medical diagnosis can result in serious injuries and conditions that require extensive treatment:

If you or your loved one suffered because a doctor failed to properly diagnose an injury or illness, you may be entitled to monetary compensation for the losses you have experienced. With decades of experience handling medical malpractice claims, Wagner Reese is here to help!

To learn more, contact our medical malpractice attorneys in Indianapolis for a free consultation. Call (888) 204-8440 today.