For over 40 years The Fitzgerald Law Firms have handled failure to diagnose / medical malpractice cases and have achieved many substantial verdicts and settlements, including a $26 million jury verdict for failure to diagnose renal failure in an infant.

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The failure to diagnose a condition is a form of medical malpractice and requires a skilled medical malpractice lawyer. With certain medical conditions the delay can allow the disease to progress into stages that are irreparable. There are stats showing that around 40% of medical malpractice claims are due to the failure to diagnose some type of a condition. Failure to diagnose can be inclusive of a delayed diagnosis as well. Especially in instances like cancer, the failure to diagnose the disease in a timely manner can make the difference between life and death. If you, or a family member is suffering from a condition due to the healthcare professional’s failure to diagnose, please contact a medical malpractice lawyer from our law offices.  We are here to help you get the compensation that you deserve.


It is the duty of a doctor to be able to recognize the signs and symptoms of certain conditions, and in the event that the doctor finds symptoms present that they cannot diagnose, they are responsible to determine what the root cause is. The patient is unable to receive early treatment methods if the doctor has a failure to diagnose their condition, or it is a delayed diagnosis. Especially in instances that a patient has high risk factors to develop certain conditions a doctor should be aware of if their risk has increased and they have a higher likelihood of developing that condition.


The failure to diagnose includes not just the healthcare profession, but insurance companies that have not allowed testing and follow-up care can also be held responsible. Insurance companies have been reported to be dealing with almost double the number of claims than in the past few years. Cancer is one of the most common conditions that doctors have been criticized for failing to diagnose, and insurance companies have been paying more because of the failure to diagnose cancer compared to all other types of claims. In order to stand up to the insurance companies you will need a skilled lawyer that has experienced dealing with them.


The result of a failure to diagnose can be deadly, and only a lawyer that is experienced with medical malpractice cases, specifically the failure to diagnose cases can properly establish the claim. A medical malpractice claim can be very complicated and failing to approach the claim with knowledge and expertise can result in the patient or the patient’s family not receiving justice for the physical, emotional, and financial hardships that have resulted because of the failure to diagnose. Although not every failure to diagnose is automatically a medical malpractice case, consulting with a medical malpractice attorney is always in your best interests to make sure your legal rights have been preserved and that you learn all the legal options available to you .

If you or a loved one believe you may have been injured by your healthcare system, contact The Fitzgerald Law Firm today. We have handled hundreds of medical malpractice suits and can quickly determine if you should pursue your case.