Failure to Diagnose: Reasons for a Texas Medical Malpractice Claim


One of the most critical steps in medical care is diagnosing a patient accurately and quickly. A failure to diagnose can have tragic consequences for the patient and the patient’s family. Misdiagnosing can also lead to disastrous effects for the patient. Each and every healthcare professional is legally bound to perform his or her duty to specified level of medical standards. Often, because a doctor or nurse or other medical professional is in a hurry or is distracted, symptoms will be missed or a simple mistake will occur that leads to a failure to diagnose. These judgment errors can result in liability on behalf of the healthcare provider. A medical malpractice suit may be required to recover damages and hold the party responsible in an effort to prevent future occurrences from hurting other patients.

What Constitutes Medical Malpractice for Failure to Diagnose in Texas

Medical malpractice can be a result of a physician or healthcare provider not recognizing a condition or symptom that caused a failure to diagnose. This type of breach of duty can result in the hospital, medical clinic or medical staff being held responsible for all damages incurred. Economic and/or medical damages must occur from the failure to diagnose for the claim to lead to medical malpractice.

An outside, or third party, medical professional will be enlisted to investigate your case and determine if a failure to diagnose due to negligence on the part of the doctor or other staff lead to, or contributed to your injury, illness or damages.

Consultation with a Texas Medical Malpractice Claims Attorney

If you feel you or a loved one has suffered from a failure to diagnose, you need to consult with a Texas medical malpractice attorney at Shaw Cowart as soon as feasible. Our experts can help you determine if your case carries the required legal merit to result in a valid claim. Statute of limitations in Texas, in most cases, gives medical malpractice victims two years to file a claim. The sooner you contact our attorneys, the sooner we can start building your case and enlisting the help of expert witnesses.

Call our firm today for a free consultation.