When you visit the doctor, you expect to receive care and treatment for your illness. You trust that your concerns will be taken seriously–that healthcare providers will listen, investigate, and help find the correct course of action. But what happens when this doesn’t happen?
What happens when the doctor rushes through your appointment, misses an obvious warning sign, misdiagnoses you, or prescribes you incorrect treatment altogether? And what if their delay or error causes your condition to worsen–or become untreatable?
People place their full trust in doctors, nurses, and healthcare professionals. While healthcare providers are human and capable of making mistakes, some cases go beyond making a simple error. When a serious condition goes undiagnosed or untreated due to negligence, consequences can be severe and life-altering.
Whether it is missing a cancer diagnosis, delaying treatment of a serious infection, or ignoring the warning signs of a chronic condition, the result is the same: delayed care, worsening conditions, and life-changing impacts.
Navigating a failure to diagnose case can be confusing, scary, and overwhelming–especially in the midst of the real-life consequences that resulted from it. That’s why understanding your legal rights, the process of proving a claim, relevant deadlines, and the importance of legal assistance is essential.
What is Failure to Diagnose Malpractice?
Failure to diagnose malpractice is a kind of medical malpractice where a healthcare provider causes injury by failing to diagnose–or delaying a diagnosis of–a condition that a reasonable, competent provider would have identified under the same circumstances. The key elements are negligence and harm. Simply making an error or having a bad medical outcome is not enough to prove malpractice – the error must have involved negligence and directly resulted in harm. Essentially, you must be able to prove that the medical professional breached their duty of care and that this breach of care caused harm.
When Does Failure to Diagnose Happen?
Failure to diagnose can occur in many different medical settings, but it becomes especially threatening when early detection and treatment is critical. Common scenarios where it may occur include:
- Ignoring or underestimating warning signs
(e.g., an optometrist disregards a patient’s sudden vision changes, failing to identify and diagnose a rapidly degenerative condition that worsens without treatment.)
- Failure to order correct diagnostic testing
(e.g., a general practitioner fails to order a colonoscopy to a patient experiencing persistent digestive issues, missing early-stage colon cancer.)
- Misreading test, lab, or imaging results
(e.g., a radiologist misreads a chest x-ray, overlooking a mass that later progresses into lung cancer.)
- Miscommunicating with other healthcare providers
(e.g., a primary healthcare provider sends incomplete test results and medical records to a specialist, delaying the start of necessary treatment.)
- Delayed or lack of referral to other doctors or specialists
(e.g., a primary doctor identifies an irregular mole but fails to refer the patient to a dermatologist, allowing melanoma to spread.)
- Inadequate follow-up care
(e.g., a hospital discharges a patient without scheduling follow-up appointments or blood tests, failing to identify signs of life-threatening post-surgery infection.)
These cases become especially serious when dealing with more severe, time-sensitive, or progressive conditions, where errors or failures can mean permanent consequences.
What’s Needed to Prove a Failure to Diagnose Case
Since simply “missing” a diagnosis doesn’t automatically mean malpractice has occurred, what does?
To legally prove a failure to diagnose case, you must meet the same four elements as a negligence claim:
- Duty of Care – The provider owed a legal obligation to provide appropriate care.
- Breach – That standard of care was not met.
- Causation – That breach caused direct harm.
- Damages – You suffered actual, measurable losses as a result.
In many cases, supporting evidence can make or break your claim. Supporting evidence that can strengthen your case include:
- Medical records (appointments, test results, and discharge documents)
- Expert testimony from medical professionals
- Test results
- Symptom logs or journal entries tracking your conditions
- Messages between you and your provider
- Documentation of medical expenses, lost income, and overall personal impact.
It is important to begin collecting and documenting supporting evidence as soon as you suspect malpractice, as it will help your attorney build your case.
What is the Statute of Limitations for Malpractice in Oklahoma?
“Statute of limitations” refers to the legal time limit given to a person to be able to file a claim. These are deadlines meant to keep cases based on recent and reliable facts, witnesses, and evidence. It is important to familiarize yourself with applicable statutes of limitations, as missing it can prevent you from filing your claim.
Failure to diagnose cases fall under the category of a “tort claim”. The general statute of limitations in Oklahoma is 2 years for tort claims. This means that the law generally requires you to file your claim within two years of when you knew (or should have known, through the exercise of reasonable diligence) that you had a claim.
Though the law lays this timeframe as ground rules, there are exceptions:
- Minors: If the injured person was a minor when the malpractice occurred, the 2 year time limit starts when they turn 18.
- Delayed discovery: If the harm was not immediately apparent, the 2 year time limit may begin when it is first discovered.
- Fraud: If a provider knowingly tried to conceal an error or malpractice, it may also impact the time limit.
Speaking with an attorney early is especially important when dealing with these rules and exceptions – they can be complex, circumstantial, and difficult to interpret. Understanding how they apply to your case could be the difference between successfully filing a claim and being barred from filing a claim entirely.
What to Expect from the Legal Process
Medical malpractice cases can be lengthy and complicated. Here’s a basic overview of what to expect:
- Initial consultation: A lawyer assesses your case to determine its potential.
- Investigation: Gathering records, testimonies, and timelines.
- Filing the lawsuit: Naming responsible parties - doctors, nurses, the hospital, etc.
- Discovery: Each party gathers information and evidence from witnesses.
- Resolution: The case may settle or escalate to trial.
What Compensation Can You Receive?
Failure to diagnose claims are civil claims, meaning you are seeking financial compensation for losses and/or damages. These may include:
- Medical bills
- Loss of income or earning ability
- Pain and suffering
- Emotional distress
- Loss of quality of life
In rare cases, punitive damages may be awarded if the provider’s actions were especially reckless or intentional; however, these are uncommon and difficult to prove.
The Bottom Line
Your health is paramount. When a medical professional’s negligence costs you time, causes you suffering, and prolongs or prohibits your treatment, you deserve justice and accountability. Failure to diagnose claims aren’t just about compensation; they hold providers accountable and prevent further injuries from happening to others.
If you or a loved one has been impacted by a missed or delayed diagnosis, contact us for a free case evaluation. We’re here to help you understand your rights, explore your legal options, and fight for the justice you deserve. You can’t get time back that was taken from you, but you can seek recovery, accountability, and a path forward.