Misdiagnosis of Conditions and Diseases

Failure to diagnose, or misdiagnosis, is a common form of medical malpractice where a doctor has failed to take the proper steps to determine the nature of a medical problem. An undiagnosed patient frequently loses the opportunity for effective treatment. An unnecessary and premature death, or a serious, permanent impairment is the common consequence of a failure to diagnose.

A doctor is required to use his or her best judgment to determine the cause.of a patients complaints or abnormal findings. The patient is entitled to an expanded physical examination and, where necessary, laboratory testing or a referral to a specialist.

Approximately 40 percent of medical malpractice claims are now based on a failure-to-diagnose or failure-to diagnose in a timely fashion, a medical problem.

The number of claims is rising, insurance companies are reportedly are facing near double the number of claims in the past three years. Additionally insurance companies are paying more for these failure to diagnose cancer than any other type of claim, because the injuries are so significant.

The most common diseases that get large monetary awards for misdiagnosis (including delayed diagnosis and diagnostic errors) malpractice are:

Breast cancer
Lung cancer
Colorectal cancer (including colon cancer and rectal cancer)
Heart attack
Appendicitis