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Failure to Diagnose

Failing to diagnose an illness or injury accounts for the largest portion of medical malpractice claims in the United States. The medical negligence can lead to severe harm to the patient, especially if the condition or injury is life threating.

If you have suffered additional pain and suffering, medical bills, loss of wages and work, you may have the grounds to file a medical malpractice lawsuit against the physician who failed diagnose your condition, injury or illness.

Attorney for Failure to Diagnose in Montgomery County, TX

Evans & Powell, PLLC knows how frustrating it can be to experience a diagnostic error, especially when it results in additional harm. Our attorneys are here for you, and they will fight to achieve the best possible outcome for your situation.

Call Evans & Powell, PLLC today at (713) 622 - 2000 to schedule a free case consultation or submit your information in the online contact form. We represent clients with medical malpractice claims in areas in both Montgomery County and Harris County such as Conroe, Montgomery, Pinehurst, Houston, Spring, The Woodlands and other surrounding areas. 


Overview of Failure to Diagnose in Montgomery County, TX


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What is Considered Failure to Diagnose?

It’s hard hearing that you have a disease, but it can be made worse if you find your doctor, made a mistake or should have diagnosed the condition sooner and you could have undergone less costly treatment.

Failure to diagnose an illness can lead to health complications, unnecessary treatment and sometimes death. Most medical errors are the result of miscommunication between medical professionals. For example, your physician may not be aware of a discovery in an MRI because the technician failed to inform the doctor, or blood work may show results that a phlebotomist fails to notice.

Other errors that can contribute to failing to diagnose include:

  • Failing to order proper test
  • Incorrect reading of lab test
  • Failing to act on patients request and complaints
  • Treating the wrong illness or injury
  • Failing to recognize symptoms

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Common Conditions that Fail to be Diagnosed

When you go to the doctor with odd symptoms, you hope they’d have the answer, but doctors can have just as much difficulty diagnosing a medical condition as an untrained patient. Most medical professionals won’t admit their ignorance, and they either misdiagnose or fail to diagnose the patient. Some of the most common illnesses, injuries and conditions that doctors fail to diagnose include:

  • Cancer
  • Stroke
  • Celiac disease
  • Blood clots
  • Brain Tumors
  • Fibromyalgia
  • Meningitis
  • Internal bleeding
  • Lyme disease
  • Hypothyroidism
  • Depression
  • Lupus

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What Needs to be Proven?

Not all diagnostic errors can lead to a medical malpractice lawsuit. To file a successful claim, failing to diagnose must have been the result of improper medical care, delayed treatment or no treatment that caused a patient to suffer a worsening medical condition.

A patient wishing to claim failure to diagnose, they must prove the following: 

  • Doctor-patient relationship: A patient must prove they hired the doctor and the doctor saw and treated the patient.
  • Medical negligence: The doctor must have been negligent in connection to the failure to diagnose. It must be proven that medical professional caused harm that could have been prevented if another competent doctor had provided care under similar circumstances.
  • Medical negligence caused injury: Failing to diagnose a condition, illness or injury must have resulted in additional injury or harm to the patient.
  • The Injury caused damages: Even if a patient’s condition failed to be diagnosed, it must be proven they suffered damages from it. These damages can include additional medical bills, lost in wages and work, mental and physical pain.

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Additional Recourse for Failure to Diagnose in Harris County, TX

Diagnostic Errors Most Common Treatment Mistake– Follow the link to read an article from John Hopkins on their finding of diagnostic errors in the United States. The hospital reviewed 25 years of malpractice claims and found the error accounts for the most malpractice claims in the country. John Hopkins is one of the leading healthcare facilities in the United States.

Chapter 88 Healthcare Liability– Read through the chapter of the Texas Civil Practice and Remedies Code that defines the laws for medical malpractice suits in the state. The code states how long you have to file a claim and the cap on how much you can receive in compensation. The statute can be read on the Texas Constitution and Statutes website. 


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Medical Malpractice Attorney for Failure to Diagnose in Harris County, TX

If a physician failed to diagnose you or someone you love with a condition, illness or injury, you should contact Evans & Powell, PLLC today. Our attorneys are experienced with medical malpractice cases involving failure to diagnose, and they will do everything in their power to make sure you receive full and fair compensation.

Call us today at (713) 622 - 2000 to schedule a case consultation or submit your information in the online contact form. We represent clients in communities across Harris County and Montgomery County such as Houston, Spring, Cut and Shoot, Panorama Village, Splendora and many others.


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