Failure to Diagnose

Not every missed diagnosis is malpractice. Medicine involves judgment calls. The question is whether a competent provider would have made the diagnosis under the same circumstances. That’s the standard of care. If your provider ignored clear symptoms, failed to order necessary tests, or misread results, and that mistake caused harm, you may have a claim. Our attorneys work with medical experts to make that determination based on evidence.

Yes. This is called causation. You have to show that the delay made your condition worse, limited treatment options, or led to additional injury. It’s not enough to say a diagnosis was missed: you have to connect that failure directly to harm. That’s often done through expert testimony and a detailed review of your medical timeline.

Serious conditions that require timely intervention are often at the center of these cases: cancers, strokes, heart attacks, infections, and internal injuries. These are diagnoses where delays matter. When time is lost, outcomes change. That’s where the law steps in to evaluate whether that loss of time was avoidable.

If your claim is successful, you may recover damages for medical expenses, lost income, reduced earning capacity, and pain and suffering. In some cases, there may also be recovery for long-term disability or loss of quality of life.

Not always. Many cases resolve through negotiated settlements. But you should prepare as if your case will be tried. At The Popok Firm, our affiliated attorneys build every case with that level of detail and readiness. That approach puts you in a stronger position, whether the case settles through negotiations or proceeds to trial.