Can I Sue My Doctor for Failure to Diagnose?

Under Certain Conditions, You Have A Right To Sue Your Doctor For Failure to Diagnose A Serious Medical Condition.

Failure to diagnose a serious or potentially deadly disease is a common patient complaint. In fact, one-third of all medical malpractice cases in the U.S. that result in death or permanent injury come from misdiagnosis or delayed diagnosis.

We’ve all heard the story. A person develops new health problems so they get checked out and are told nothing is wrong. Then weeks go by as they have continued symptoms, like fatigue, abdominal pain, or unexpected weight loss. They return to the doctor for answers. The doctor dismisses their concerns as stress or “a bug” and sends them home.

The symptoms don’t go away, so the person goes to another doctor. That doctor performs an examination and orders a series of tests. The results come back and the second doctor tells the person their symptoms are being caused by an undiagnosed medical condition that has been there all along. Because the first doctor failed to investigate more thoroughly, the person now requires more aggressive treatment with a poorer prognosis.

This is the most common story we hear in failure to diagnose cases.  The most common condition doctors fail to diagnose is cancer. Medical malpractice laws give patients the right to seek compensation when a health care provider’s negligence causes harm. So, you have the right to sue your doctor for failure to diagnose cancer or any other serious illness.

By contacting a Phoenix medical malpractice Lawyer, you can hold the health care provider accountable, secure compensation for your harms and losses, and prevent similar errors from occurring to other patients.

Establishing Negligence in a Failure to Diagnose Medical Malpractice Claim

To establish negligence for a failure to diagnose in Arizona, you must prove that your doctor owed you a duty of care and failed to fulfill it, and, as a result, it significantly impacted your health.

First, you need to establish the existence of a doctor-patient relationship, a special alliance that creates the duty of care. In this instance, your doctor agreed to diagnose and treat your condition, making them responsible for assessing your symptoms and determining the cause.

Second, you must prove your doctor breached their duty of care by failing to diagnose your condition. This may include circumstances where they disregarded or dismissed your symptoms, did not order tests, or misinterpreted test results. Their failure to diagnose, detect, or treat your condition goes against the standard of care expected from a reasonably prudent doctor with similar training and experience.

Finally, you must prove that the doctor’s breach directly caused you harm. For instance, a delayed diagnosis may have worsened your condition, which forced you to go through riskier treatment options, and resulted in a worse prognosis. It may also have resulted in additional pain or a permanent injury that could have been avoided.

Consult with an Experienced Medical Malpractice Attorney Without Delay

If you can prove the above elements in a medical malpractice case, then you can take action against your health care provider for medical malpractice in Arizona. It is important not to waste any time in filing a claim. Seek advice from a Phoenix medical malpractice Lawyer to discuss the strengths of suing your healthcare provider.

The Time Limit for Filing a Failure to Diagnose Medical Malpractice Lawsuit in Arizona

In Arizona, you must file a medical malpractice lawsuit within a certain timeframe. According to the statute of limitations, you must file within two years from the date you were aware or should have become aware of the alleged misdiagnosis. However, there are some circumstances that require you to act much sooner.

In cases involving fraud or concealment, the timeline may be extended. For instance, if a doctor intentionally lied to hide an error, the clock would start running when you learn of their deception.

It is advisable to take action if you suspect medical malpractice. Don’t hesitate to consult with an attorney who can review your records and assess whether you have valid grounds for filing a lawsuit.

How Common are Diagnosis Errors?

According to a 2019 study conducted by the Johns Hopkins University School of Medicine and appearing in Diagnosis, inaccurate diagnoses are the No. 1 cause of serious medical errors. They identified three major disease categories — cancer (37.8%), vascular events (22.8%), and infection (13.5%) — that account for nearly three-fourths of all serious harms from diagnostic errors.

Within “The Big Three,” the top five diseases under each category accounted for nearly half of all high-severity misdiagnosis-related cases.

What are the Top Misdiagnosed Diseases?

The top misdiagnosed vascular disease was stroke, the top misdiagnosed infection was sepsis, and the top misdiagnosed cancer was lung cancer.

The other top misdiagnosed diseases include:

• heart attack,
• venous thromboembolism (blood clots in the legs and lungs),
• aortic aneurysm and dissection (a rupture of the aorta),
• arterial thromboembolism (a blockage of the blood supply to internal organs),
• meningitis and encephalitis,
• spinal infection,
• pneumonia,
• endocarditis (a heart infection) and,
• breast, colorectal, prostate and skin cancers.

Importantly, the study noted that nearly 75% of diagnostic errors occurred in ambulatory settings (e.g., outpatient clinics or emergency departments).

They estimate 40,000 to 80,000 deaths occur each year in U.S. hospitals related to misdiagnosis, and another 12 million Americans suffer a diagnostic error in a primary care setting—one-third of which result in serious or permanent damage or death. The financial toll to the health care system and payouts in liability claims are in the multiple billions of dollars.

Diagnostic Errors Made by Healthcare Providers

To reduce serious harms from misdiagnoses, health care providers need to improve diagnostic accuracy and timeliness, especially with stroke, sepsis, and lung cancer. It is not a matter of training or experience — even highly experienced and competent health care providers make diagnostic errors.

Importantly, not all failure to diagnose, or misdiagnosis, cases are the result of negligence. Therefore, not all diagnostic errors are actionable. Sometimes the health care providers “get a pass” for their mistakes, based on the opinions of experts who evaluate their care. To be actionable, you must prove:

1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.
2. Such failure was a proximate cause of the injury.

Simply put, you must prove the health care provider was negligent and their negligence caused serious injury, a decrease in chances for survival, or death.  That is the essence of medical malpractice lawsuits in the U.S.

Contact a Top Rated Phoenix Medical Malpractice Attorney to Help You with Your Failure to Diagnose Claim 

Do you have questions about a doctor’s failure to diagnose? If so, contact Gage Mathers Law Group for a free consultation.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile