Failure to Diagnose | Medical Malpractice Lawyers
When you visit a doctor for a routine checkup or seek medical care because something feels wrong, you place your trust in that provider’s training, judgment, and attention to detail. Whether the issue is a persistent symptom, unexplained pain, or a sudden medical emergency, patients reasonably expect that their doctor will listen carefully, conduct a thorough examination, order appropriate tests, and correctly interpret the results.
When these steps are followed properly, they lead to what physicians call a differential diagnosis. This process involves identifying the most likely causes of a patient’s symptoms and ruling out serious conditions that require immediate treatment. From there, the doctor can develop an appropriate treatment plan.
Unfortunately, this process does not always work as it should. When a doctor fails to diagnose a condition or delays reaching the correct diagnosis, the consequences can be severe, life-altering, or even fatal. In many cases, these failures form the basis of a medical malpractice claim.
At Kramer Dillof Livingston & Moore (KDLM), our New York medical malpractice lawyers have represented hundreds of individuals and families harmed by failures to diagnose serious medical conditions. These cases are complex, fact-specific, and deeply personal. No two cases are ever the same.
What Does “Failure to Diagnose” Mean?
A failure to diagnose occurs when a healthcare provider does not identify a medical condition that a reasonably competent provider would have recognized under similar circumstances. This can happen at many stages of care, including when a doctor:
- Fails to listen to or document a patient’s symptoms
- Does not conduct a complete physical examination
- Neglects to order appropriate diagnostic tests
- Misreads or overlooks test results
- Dismisses abnormal findings without follow-up
- Fails to connect related symptoms into a clear clinical picture
In some cases, the diagnosis is eventually made, but only after a dangerous delay. Even a short delay can allow a condition to worsen, limit treatment options, or cause permanent harm.
Why Are Failure to Diagnose Cases So Serious?
Timely diagnosis is often the difference between recovery and irreversible injury. Many medical conditions are treatable when identified early, but become far more dangerous when diagnosis is delayed.
A missed or delayed diagnosis can lead to:
- Progression of disease
- Unnecessary pain and suffering
- More invasive treatment
- Permanent disability
- Loss of life
Because these outcomes are often preventable, failures to diagnose are among the most serious forms of medical negligence seen in hospitals, emergency rooms, and outpatient settings.
Why Are Medical Malpractice Cases Involving Diagnosis So Complex?
Medical malpractice cases are inherently complex, and failure-to-diagnose claims are no exception. These cases require a clear understanding of both medical standards and legal standards.
To succeed, a plaintiff must show that:
- The healthcare provider deviated from accepted medical practice
- That deviation caused harm to the patient
This often involves reviewing extensive medical records, analyzing diagnostic decisions, and consulting with qualified medical experts who can explain what should have been done differently. The defense frequently argues that symptoms were unclear or that the outcome would have been the same regardless of timing. These issues make experienced legal representation critical.
Examples of Failure to Diagnose Cases Handled by KDLM
KDLM has handled a wide range of failure-to-diagnose cases across New York courts, with significant verdicts and settlements reflecting the serious harm caused by diagnostic errors.
Failure to Diagnose Internal Injury After Surgery
Judy Livingston secured a $13 million verdict on behalf of the family of a 43-year-old New Jersey woman who underwent a procedure to remove a benign colon polyp at NYU Langone Medical Center. During the procedure, her bowel was perforated. In the days that followed, as her condition worsened, doctors failed to diagnose the injury. The untreated perforation led to sepsis and ultimately her death. The case was brought by her husband and three young children.
Failure to Diagnose a Spinal Cord Injury
In another case, a 27-year-old woman was taken to a Brooklyn hospital emergency room after falling down stairs. A CT scan was ordered, but the radiologist misread the images and failed to identify a severe spinal cord injury. She was sent home. Hours later, a more senior radiologist recognized the mistake, but no one contacted the patient or her family. The failure to diagnose resulted in devastating injuries. While the jury was deliberating, the defendants settled the case for $9.56 million.
Failure to Diagnose Jaundice in a Newborn
In a textbook failure to diagnose case, a newborn was discharged from a Brooklyn hospital less than 48 hours after birth, despite visible jaundice and concerns raised by his mother. The condition progressed and caused severe brain injury. A Brooklyn jury awarded $26 million to the child and his parents.
Failure to Diagnose Stevens-Johnson Syndrome
A woman was admitted to a New York City hospital and treated for one condition while doctors failed to recognize a much more serious and life-threatening illness: Stevens-Johnson syndrome. Multiple diagnostic failures and treatment delays followed. A Bronx jury awarded $120 million for the catastrophic injuries she suffered.
What Are Common Conditions Involved in Failure to Diagnose Cases?
Failure to diagnose claims often involve serious medical conditions where early intervention is critical. Common examples include:
- Cancer and malignant tumors
- Spinal cord and brain injuries
- Internal bleeding or organ perforation
- Infections and sepsis
- Stroke and heart conditions
- Neonatal conditions such as jaundice
- Dangerous drug reactions
In many of these cases, the signs were present but not properly recognized or acted upon.
How Long Do You Have to File a Failure to Diagnose Claim in New York?
In New York, the statute of limitations for medical malpractice cases is generally two and a half years from the date of the malpractice or from the end of continuous treatment by the negligent provider. However, there are important exceptions.
Different rules may apply in cases involving:
- Minors
- Foreign objects left in the body
- Failure to diagnose cancer or malignant tumors
Because these deadlines are strict, speaking with an experienced medical malpractice attorney as early as possible is essential.
Can Families Sue If a Failure to Diagnose Leads to Death?
Yes. When a failure to diagnose causes a patient’s death, surviving family members may bring a wrongful death lawsuit under New York law. These cases can seek compensation for loss of financial support, loss of services, and loss of parental care and guidance.
The deceased person’s estate may also pursue damages for pain, suffering, and mental anguish experienced before death.
How Do Failure to Diagnose Settlements Work?
Many medical malpractice cases are resolved through settlement rather than trial. Settlements can provide compensation more quickly and reduce uncertainty. However, the value of a case depends on many factors, including the severity of injury, long-term impact, and strength of the evidence.
An experienced medical malpractice lawyer evaluates whether a settlement offer fairly reflects the harm suffered and negotiates accordingly.
What Should You Do If You Suspect a Failure to Diagnose?
If you believe you or a loved one was harmed because a medical condition was missed or diagnosed too late, it is important to act promptly. A consultation with a qualified New York medical malpractice attorney can help determine whether you have a viable claim.
These consultations are confidential and allow you to understand your rights, options, and potential next steps.
The Importance of Choosing the Right Law Firm
Failure to diagnose cases demands resources, medical knowledge, and courtroom experience. Choosing a law firm with a proven track record in complex medical malpractice litigation can make a critical difference.
At KDLM, our lawyers work with medical professionals, investigators, and legal staff who understand what it takes to build strong failure-to-diagnose cases and pursue accountability.
Contact Our New York Medical Malpractice Lawyers
Failure to diagnose remains a serious and widespread problem in hospitals and medical offices. If you believe a diagnostic error caused serious injury or loss, contact KDLM. We will review your case, answer your questions, and explain your legal options. There is no charge for a consultation.
“Avoidable errors by doctors and hospitals result in 250,000 deaths annually in America.”
Johns Hopkins School of Medicine Study, published in BMJ, May 2016