Legal Matters

Medical malpractice law is quite complex when it comes to failure to diagnose cases, as there is an element of human error that needs to be considered. The law doesn’t hold doctors as legally responsible for all diagnostic errors, and so failure to diagnose medical malpractice lawsuits are heavily dependent on the type of diagnostic error that occurred, as well as its cause. 

Common Diagnostic Errors

To put forward a viable case, you will need to be able to explain what diagnostic error you believe your doctor made:

  • Wrong, delayed, or no diagnosis
  • Not diagnosing an unrelated disease
  • Not recognizing complications and infection
  • Poor (or absent) physical exam and medical history review
  • Failure to conduct appropriate screenings, testing, or procedures

Common Causes of Failure to Diagnose

Furthermore, a reliable medical malpractice case cannot be resolved until the cause of the diagnostic error that resulted in your injury has been identified:

  • Limited availability of diagnostic tests, specialists, or informatics resources
  • Poor training of healthcare providers
  • Not scheduling follow-up appointments
  • Poor communication and coordination
  • Unaffordable care
  • Negligence from doctors, nurses, or the facility
  • Medical errors such as anesthesia errors, birth injuries, surgical errors, and other doctor errors

You should immediately consult with a qualified medical malpractice lawyer if you decide to pursue a medical malpractice lawsuit related to a doctor’s failure to diagnose. These lawyers have much experience with medical malpractice law and will be able to help you prove that a failure to diagnose occurred which led to your injury or disability. 

If you live in NYC, then you will need to consult with a qualified NYC medical malpractice attorney. This is because the law differs between states, and your medical malpractice attorney will be able to tell you what the statute of limitations is, and the procedure that you need to follow to ensure the best possible result by proving that:

  1. A doctor-patient relationship existed between you and your doctor
  2. You would not have suffered your injury had your doctor diagnosed you properly
  3. Your doctor acted negligently, as a reasonable doctor within the field would have correctly diagnosed you and treated you accordingly 

It's important for you to know that many doctors are now practicing what is known as “defensive medicine,” and that the nature of human error and disease progression can make it difficult to prove that a failure to diagnose occurred. However, you should not let this deter you. A doctor’s failure to diagnose has the potential to cause you irreversible pain and injury, as well as death, and should not go undetected.


If you, or even a family member may have experienced a failure to diagnose, then please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC on 212-344-1000. You can speak to one of our medical malpractice attorneys who will provide you with a free, confidential consultation.


122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

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220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

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1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

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