Failure to Diagnose Medical Malpractice

When you visit a doctor or healthcare provider, you trust they’ll recognize your symptoms and take the steps necessary to figure out what’s wrong. Sometimes, though, serious medical conditions are missed or overlooked. In legal terms, this is called a “failure to diagnose,” and it’s one of the most devastating forms of medical malpractice. For Michigan patients, this kind of mistake can mean the difference between a full recovery and lifelong consequences.

A failure to diagnose happens when a healthcare provider does not recognize, investigate, or correctly identify a patient’s medical condition despite clear warning signs or test results. Common examples include missed cancer diagnoses, undetected heart attacks or strokes, and ignoring the symptoms of infections or other life-threatening illnesses. If this oversight causes your condition to worsen, or leads to more invasive treatment than you otherwise would have needed, you may have grounds to pursue a medical malpractice claim.

At Sommers Schwartz, P.C., our Detroit Medical Malpractice lawyers understand the pain and frustration that comes from being let down by the medical system. Our team handles failure to diagnose claims across Michigan, fighting for patients harmed by preventable errors.

Common Causes and Consequences of a Failure to Diagnose

Why do these mistakes happen? Often, it’s not just one single error, but a series of missteps that allow a diagnosis to slip through the cracks. Some of the most frequent causes in Michigan malpractice cases include:

• Misinterpreted lab results or imaging scans
• Failure to order appropriate diagnostic tests
• Dismissing or minimizing patient complaints
• Not following up on abnormal test results
• Inadequate patient history or rushed examinations

Let’s say you go to the emergency room with severe chest pain and shortness of breath. If your doctor fails to order an EKG or ignores your risk factors, a heart attack could go unnoticed. A delayed or missed cancer diagnosis can allow the disease to spread, turning a treatable situation into a much more dire prognosis.

The impact on patients and families is profound. Instead of a prompt recovery, you may face additional surgeries, more aggressive treatments, permanent disability, or even the loss of a loved one. Emotionally and financially, the burden can be overwhelming, which is why Michigan’s legal system allows you to seek compensation when a healthcare provider’s negligence causes harm.

How Do You Prove a Failure to Diagnose Case in Michigan?

Proving a failure to diagnose claim isn’t always straightforward. Under Michigan law, you must show that your provider’s conduct fell below the accepted “standard of care.” This means the doctor (or nurse, or hospital) didn’t act as a reasonably careful practitioner would have under similar circumstances. You need to demonstrate that:

1. A doctor-patient relationship existed.
2. The provider’s actions (or inaction) were negligent.
3. That negligence directly caused your injury or worsened your outcome.
4. You suffered measurable damages as a result (medical costs, pain and suffering, lost wages, etc.).

Michigan requires a few unique steps in medical malpractice cases. Before filing a lawsuit, you must serve the provider(s) with a “Notice of Intent to Sue” and obtain an “Affidavit of Merit” from another qualified medical professional who reviews your records and agrees there’s a valid case. These requirements are meant to weed out frivolous lawsuits, but they also mean you need a law firm with the resources and network to build a strong case.

Our attorneys at Sommers Schwartz often team up with medical experts from around the country to carefully investigate what went wrong. We collect records, consult with specialists, and work with you to understand the full impact of the failure to diagnose on your life.

Real-Life Examples: The Human Cost of Missed Diagnoses

Failure to diagnose is more than a legal term; it’s an issue that touches the lives of real people in Michigan every day. Consider these examples:

• A woman undergoes a routine mammogram. The radiologist misses an early sign of breast cancer. By the time it’s discovered, she must endure a mastectomy and chemotherapy instead of a less invasive treatment. Her long-term outlook is affected, and her family experiences emotional hardship.
• A young man complains of severe headaches. His symptoms are dismissed as migraines, but weeks later, he’s rushed to the hospital with vision loss. Imaging reveals a brain tumor that could have been managed more successfully if caught sooner.
• An elderly patient presents with fever, confusion, and weakness. The emergency department chalks it up to dehydration and sends him home, but he’s actually suffering from sepsis—a rapidly progressing infection. By the time he returns, his organs are failing.

These aren’t just stories; they’re reminders that early diagnosis is often the most important factor in achieving a good medical outcome. When doctors and healthcare systems fall short, the consequences can ripple through entire families.

Michigan’s Laws and Deadlines for Failure to Diagnose Malpractice Claims

Pursuing a medical malpractice lawsuit in Michigan involves strict legal steps. First, the law requires you to serve a written Notice of Intent to each healthcare provider you believe was responsible, at least 182 days before filing a complaint. This gives the provider a chance to investigate and potentially resolve the issue without going to court.

The next step is obtaining an Affidavit of Merit, signed by a qualified medical professional. This affidavit outlines how your provider’s actions deviated from the standard of care. At Sommers Schwartz, we handle this process for our clients, working with physicians who can objectively review your medical history.

Deadlines are also important. Michigan generally allows two years from the date of malpractice, or six months from when you discovered (or should have discovered) the negligence, whichever is later. However, you can’t file a claim more than six years after the act of malpractice, except in rare circumstances. This makes it vital to consult with a lawyer as soon as you suspect your injury might be related to a missed diagnosis.

Michigan also has specific rules about damages, including caps on non-economic losses like pain and suffering. Our team will explain how these laws affect your particular situation and what compensation you may be entitled to recover.

Why Choose Sommers Schwartz, P.C. for Your Failure to Diagnose Medical Malpractice Case?

Not all law firms are equipped to handle the unique challenges of Michigan medical malpractice law. At Sommers Schwartz, P.C., our attorneys have helped countless patients and families navigate the complex world of diagnostic error litigation. We have a track record of results, substantial resources, and a reputation for taking on the most challenging cases, including those involving delayed or missed diagnoses.

We listen to your story, gather the evidence, consult with trusted medical professionals, and fight for fair compensation both in and out of court. Our team is recognized among Michigan’s top trial lawyers in medical malpractice and personal injury law, and we’re committed to making sure your voice is heard.

If you or a loved one has suffered because of a missed or delayed diagnosis, don’t wait. Call Sommers Schwartz today for a free, confidential consultation. We’re ready to help you seek justice and start moving forward.

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Frequently Asked Questions About Medical Malpractice, Failure to Diagnose

What kinds of conditions are most commonly missed in failure to diagnose cases?
Some of the most common missed diagnoses involve cancer (breast, prostate, colon, lung), heart attacks, strokes, infections like sepsis or meningitis, and vascular conditions. Early detection is critical for these illnesses, and delays can seriously affect a patient’s prognosis.

How do I know if my doctor’s mistake was medical malpractice?
Not every error is malpractice. The key question is whether your doctor acted as a reasonably careful professional would have in the same situation. If their actions (or inaction) fell short of medical standards and caused you harm, you may have a valid claim. A review of your records by a qualified attorney and independent medical experts is the best way to find out.

What compensation can I recover in a Michigan failure to diagnose lawsuit?
You may be able to recover damages for additional medical expenses, lost income, pain and suffering, loss of quality of life, and, in some cases, wrongful death damages if a loved one passed away. Michigan law does place limits on non-economic damages, but our attorneys work to maximize every aspect of your recovery.

How long do I have to file a medical malpractice claim in Michigan?
A4: You generally have two years from the date of the alleged malpractice, or six months from the date you discovered the injury, but no more than six years from the malpractice itself. Because deadlines are strict, it’s wise to contact an attorney immediately if you suspect a missed diagnosis.

Other Types of Misdiagnosis Medical Malpractice

• Misdiagnosis Medical Malpractice
• Delayed diagnosis Medical Malpractice
• Failure to diagnose Medical Malpractice
• Failure to recognize symptoms Medical Malpractice
• Failure to order appropriate tests Medical Malpractice
• Misinterpretation of test results Medical Malpractice
• Cancer Misdiagnosis Medical Malpractice