You went to see your doctor about something that didn't feel right. Your symptoms continued after that visit, and you were informed that you had a more serious illness weeks later.
There are many questions that you may be asking yourself, including whether someone failed to diagnose your illness.
A missed diagnosis can delay treatment. In some cases, the patient may need more complex care as a result. An incorrect or changed diagnosis does not automatically mean a doctor was negligent. The standard of care and any resulting harm still matter. There are factors to consider.
Table of Contents
- What is Failure to Diagnose?
- What Are Some Signs that Something May Have Been Overlooked?
- When Important Information Goes Undetected
- Why It's Important to Receive a Proper Diagnosis
- What To Do If You Believe You Were Misdiagnosed
- How Does Failure to Diagnose Become Medical Malpractice?
- Final Thoughts
What is Failure to Diagnose?
A physician will use your symptoms, history, exams, lab work, and other testing to reach a diagnosis.
Illness can be difficult to detect early on even when proper care is provided. Illness can be missed when signs of a more serious condition are overlooked, or a doctor fails to follow up on abnormal testing.
There are many ways that an illness can go undetected, from never being detected to being diagnosed too late or misdiagnosed as another illness.
The CRICO published an article in 2025 that stated that in their national database of claims, approximately 20% of cases asserted between the years of 2015-2024 contained diagnostic errors. That figure describes diagnostic-error allegations in malpractice claims, not the rate of diagnostic mistakes across all medical appointments.
If you're researching failure to diagnose claims in California, there are certain criteria that must be met. Did another medical professional do something different that should have been done, and did it cause harm? Merely having a different diagnosis from another doctor is not enough.
What Are Some Signs that Something May Have Been Overlooked?
There are many reasons you may experience symptoms that can't be explained. It can become concerning when those symptoms continue or become more pronounced.
Here are a few scenarios that you should get re-evaluated for:
- If you have continuing symptoms that don't seem to resolve. Continued bleeding, pain, lumps, or weight loss could be a sign to see your doctor again.
- If you've been treated for a condition and continue to worsen. There may be something else going on that needs to be evaluated.
- Testing showed an abnormal result. Even if you feel better, there should be some form of follow-up for abnormal testing.
- There are new symptoms that have developed. Your symptoms could have changed since your last evaluation.
These are just some examples; you may not always have a serious illness going on that is causing your symptoms. There may be testing that you've had done that showed normal results, but if your symptoms are worsening, there may be more that needs to be investigated.
There are certain symptoms that you shouldn't wait for a follow-up with your doctor for. If you experience sudden weakness on one side of your body, inability to speak, chest pain, or difficulty breathing, please call 911 to receive immediate assistance.
When Important Information Goes Undetected
There are many ways that a failure to diagnose can occur. Not only can a doctor miss a diagnosis, but there are instances where information can be lost along the way.
Suppose you had imaging done and it showed that there should be additional testing done. Your provider received that information, but did not schedule a follow-up with you. You assumed that everything was fine because no one contacted you. Now weeks have passed, and that issue has yet to be addressed.
Patient portals can contain medical terms that are hard to understand. If a test result is unclear or further testing is recommended, ask what happens next, who will contact you, and when.
There are also instances where a provider may not take a full history, fail to read a result correctly, order a referral that never took place, or they may assume that they know what you have and disregard further workup.
When doctors come to a conclusion, they may begin to overlook signs that something else is going on. You want your provider to stay open to diagnosing you properly.
Always make sure you have follow-up for any testing you may have had; it's useless to get a result if no one follows up with it.
Why It's Important to Receive a Proper Diagnosis
Not only is it important to get the right diagnosis, but how quickly you can be treated can make a difference as well.
Certain types of cancer can progress if not treated quickly; if an infection goes untreated, it can spread to other parts of the body. Heart attacks and strokes can also take place and may cause permanent damage if not treated in a timely manner.
There are many consequences that can occur from failing to diagnose someone; however, it's important to know how that person would have fared if they had received that diagnosis earlier.
It's not only about asking yourself, "How did no one catch this?" but also, "What would have happened if it was caught earlier?"
What To Do If You Believe You Were Misdiagnosed
The first step you should always take is to get yourself healthy. If you believe your symptoms are worsening, seek care as soon as possible. Getting a second opinion can also be helpful if your symptoms don't match what you were previously told or if your diagnosis has changed your course of treatment.
Once you have received your new diagnosis, you can start pulling your records together to see what took place:
- Request your records. You want to pull any and all information that may pertain to your visits, such as office visit notes, lab work, imaging, discharge instructions, referrals, etc. Keep these organized.
- Create a timeline. Once you have your records, write down the dates of your symptoms, what you told each provider, what testing was done, and when you were finally diagnosed with your current diagnosis.
- Make sure you know if there is any pending lab work or referrals. Who will be following up with you if there are any abnormalities?
- Document your damages. You will want to have documentation that shows how your life has changed since you were misdiagnosed; this could include further treatment, lost wages, out-of-pocket expenses, etc.
If your doctor tells you to wait, make sure you know what signs you should look for to call them sooner. Know when you should expect results and who to call if they haven't been received.
Don't try to speculate on what the doctor was thinking; keep your timeline as fact-based as possible. If there are questions you don't know the answers to, ask!
How Does Failure to Diagnose Become Medical Malpractice?
Having a bad outcome does not automatically mean that you were subjected to medical malpractice. To establish medical malpractice in California, a patient generally must show that the provider failed to meet the professional standard of care and that the failure caused injury or made a condition worse.
This may require looking at what another medical professional would have done and whether or not they would have followed up differently with you.
Records and medical experts can play a big role in determining if there were signs that your illness should have been caught earlier. They can also determine if there was harm done to you from a delayed diagnosis.
Medical malpractice has a strict statute of limitations; make sure you consult with an attorney as soon as possible.
Final Thoughts
It can be difficult to diagnose someone, especially if there are symptoms that are similar to other illnesses. If you feel that there was something missed, get your records and continue to advocate for yourself. You want to make sure that you are receiving proper treatment and that nothing else is being overlooked.
