Definition of Failure to Diagnose
Failure to diagnose may be used as a reason to file a medical malpractice case and can be considered a breach of the doctor's duty to provide prompt and adequate medical care. To win a medical malpractice case for a failure to diagnose a claimant must prove the established standards of medical practice were not followed, the doctor was negligent and the claimant suffered damages.
Consider, however, if there are no damages, there is not a medical malpractice claim. Specifically for a failure to diagnose a claimant must show the doctor breached their duty and that another doctor in a similar situation would have made the diagnosis.
If you believe you have a medical malpractice case for a failure to diagnose talk to a personal injury lawyer. There is a statute of limitations for filing a medical malpractice case in every state and failure to file the failure to diagnose case within the specified time limit will eliminate your right to compensation.