Attorney Joumana Kayrouz

Misdiagnosis & Failure to Diagnose

Medical Malpractice

A missed diagnosis steals the one thing you can't get back: time.

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Overview

A missed or delayed diagnosis can let a treatable condition become catastrophic, and when a competent provider would have caught it, the delay itself can be malpractice.

Misdiagnosis & Failure to Diagnose

When a Missed Diagnosis Changes Everything

You knew something was wrong, so you did what you were supposed to do. You went to a doctor, hospital, or emergency room and trusted medical professionals to help you. When serious symptoms are missed, dismissed, or incorrectly diagnosed, that trust can have devastating consequences.

A delayed diagnosis can allow an illness to progress while precious treatment time is lost. Not every diagnostic mistake is medical malpractice. However, when substandard medical care causes additional harm, Michigan law may give injured patients and families the right to seek compensation.

What Is Misdiagnosis or Failure to Diagnose?

A diagnostic error can take several forms. Sometimes, a medical provider identifies the wrong illness. In other cases, a serious condition is not identified until much later. Common forms of diagnostic error include:

  • Misdiagnosis: A provider diagnoses one condition when the patient actually has another.
  • Failure to diagnose: A provider does not identify an illness or medical condition.
  • Delayed diagnosis: The correct condition is eventually identified, but only after an unreasonable delay.
  • Failure to recognize complications: A provider misses signs that a known illness or injury is getting worse.

The consequences depend on the condition and length of the delay. A patient may lose treatment options or require more aggressive treatment. Some patients develop permanent complications that could potentially have been avoided. A wrong diagnosis alone does not establish medical malpractice. The question is whether the provider met the applicable professional standard of care. The diagnostic failure must also have caused or contributed to the patient’s injury.

When Can a Diagnostic Error Become Medical Malpractice?

Medicine is complicated, and even competent doctors cannot diagnose every illness immediately. A poor outcome does not automatically mean someone committed malpractice. Under Michigan law, a medical malpractice plaintiff generally must establish the applicable standard of care and show that the provider breached it. The plaintiff must also establish that the breach caused the claimed injury.

A potential case may involve questions such as:

  • Were the patient’s symptoms properly evaluated?
  • Should additional tests have been ordered?
  • Were test results interpreted appropriately?
  • Were serious possible diagnoses reasonably considered?
  • Should a specialist have been consulted?
  • Were abnormal results communicated and followed up?
  • Was the patient discharged too soon?
  • Did the delay cause additional injury?

Causation is especially important in failure-to-diagnose cases. It is not enough to show that a diagnosis came late. The evidence must connect the alleged medical negligence to the harm being claimed.

How Do Misdiagnosis and Delayed Diagnosis Happen?

Patients often see several medical professionals during one episode of care. Information can pass between emergency physicians, nurses, radiologists, specialists, laboratories, and primary care providers. A breakdown at any point can have serious consequences.

Warning Signs Are Dismissed

A patient’s symptoms may be attributed to a less serious condition without sufficient investigation. The patient may then be sent home while the actual condition continues progressing.

Necessary Tests Are Not Ordered

Symptoms, medical history, or risk factors may call for further investigation. A potential malpractice claim can arise when appropriate diagnostic steps were not taken under the circumstances.

Test Results Are Misinterpreted

Imaging, pathology, bloodwork, and other testing can provide critical information. An error in reading or interpreting those results may lead the medical team in the wrong direction.

Abnormal Results Are Not Followed Up

Sometimes the test itself identifies the problem. The failure happens afterward. An abnormal result may not reach the treating physician. A patient may never receive a call about additional testing. A referral may also fall through the cracks.

Communication Breaks Down

Modern medical care often involves several providers and facilities. Each handoff creates another point where important information can be lost. For an injured patient, these are not administrative details. A missed report or forgotten follow-up can become a life-changing medical event.

Cancer Misdiagnosis and Delayed Cancer Diagnosis

Cancer cases can involve some of the most serious consequences of delayed diagnosis. Earlier detection may affect available treatment options for certain cancers. A significant delay can also allow a disease to progress before treatment begins.

Potential diagnostic failures can involve:

  • Failure to investigate suspicious symptoms
  • Failure to order appropriate testing
  • Misinterpretation of imaging
  • Pathology errors
  • Failure to follow up after an abnormal screening
  • Failure to refer a patient to a specialist
  • Failure to investigate a suspicious lump or mass
  • Failure to communicate abnormal results

Cancer malpractice cases require careful medical review. The existence of advanced cancer does not prove that a doctor caused its progression. A legal investigation must examine what should reasonably have happened. It must also consider whether earlier diagnosis likely would have changed the patient’s outcome.

For patients and families, those questions are deeply personal. A delayed diagnosis can mean more treatment, more time away from work, and more uncertainty about the future.

Failure to Diagnose a Stroke

A stroke occurs when blood flow to part of the brain is blocked or a blood vessel in the brain bursts. Brain damage can occur rapidly, which makes prompt recognition and treatment critical. The CDC advises that every minute counts during a stroke.

Potential signs can include sudden weakness, numbness, confusion, vision problems, dizziness, or difficulty speaking. A severe headache without a known cause can also be a warning sign. A potential failure-to-diagnose case could involve:

  • Dismissing neurological symptoms
  • Attributing symptoms to another condition without adequate evaluation
  • Failure to order appropriate testing
  • Failure to act on concerning test results
  • Unreasonable delays in evaluation or treatment
  • Premature discharge from an emergency department

A stroke can affect much more than a patient’s medical chart. It can affect speech, movement, memory, employment, independence, and family relationships. When a preventable diagnostic failure causes additional brain injury, the consequences may follow a person for life.

Heart Attack Misdiagnosis

A heart attack occurs when part of the heart muscle does not receive enough blood. The longer blood flow remains disrupted, the greater the potential damage to heart muscle. Chest pain is a well-known warning sign, but it is not the only one. Symptoms may include shortness of breath, weakness, nausea, dizziness, sweating, or discomfort elsewhere in the upper body.

A potential diagnostic error may involve:

  • Failure to take reported symptoms seriously
  • Inadequate evaluation of cardiac symptoms
  • Failure to consider relevant risk factors
  • Misinterpretation of diagnostic testing
  • Attributing symptoms to a less serious condition without sufficient investigation
  • Premature discharge
  • Failure to respond to a patient’s worsening condition

The details matter. Heart attack symptoms can vary between patients, and the presence of an unusual symptom does not itself prove negligence. The legal question focuses on the care provided under the circumstances. An attorney can investigate whether a medical provider’s actions fell below the applicable standard of care.

Failure to Diagnose Sepsis

Sepsis is the body’s extreme response to an infection. The CDC describes it as a life-threatening medical emergency. Without fast treatment, sepsis can lead to tissue damage, organ failure, and death. Possible symptoms include fever, confusion, shortness of breath, extreme discomfort, sweating, or a high heart rate. Symptoms can differ from one patient to another.

A possible sepsis malpractice case may involve:

  • Failure to recognize signs of a serious infection
  • Failure to investigate worsening symptoms
  • Delayed testing
  • Failure to act on abnormal findings
  • Failure to recognize signs of organ dysfunction
  • Inadequate monitoring of a deteriorating patient
  • Premature discharge

Sepsis cases often require close examination of the timeline. Lawyers and medical experts may need to determine when warning signs appeared and what actions followed. That timeline can become critical. The CDC advises healthcare providers to immediately evaluate and treat patients who might have sepsis.

Pulmonary Embolism Misdiagnosis

A pulmonary embolism occurs when a blood clot travels through the bloodstream and blocks blood flow in the lungs. The condition can cause life-threatening complications. Symptoms can include shortness of breath, pain with deep breathing, rapid breathing, and an increased heart rate. Some people may experience fainting, sweating, or coughing.

Potential diagnostic failures may include:

  • Failure to recognize concerning symptoms
  • Failure to consider relevant medical history
  • Failure to assess risk factors
  • Failure to order appropriate diagnostic testing
  • Misinterpretation of test results
  • Attributing symptoms to another condition without adequate investigation
  • Discharging a patient despite concerning findings

Pulmonary embolism cases can be medically complex. Symptoms can overlap with other conditions, so a missed diagnosis alone does not establish negligence. The complete medical record must be reviewed. The investigation should determine what information providers had and whether their response met the applicable standard of care.

Misdiagnosed or Undiagnosed Infections

An infection that appears manageable can sometimes become far more dangerous. Almost any infection can lead to sepsis, according to the CDC. Diagnostic failures involving infections may occur when providers fail to investigate worsening symptoms. Problems may also arise when abnormal laboratory or imaging results receive inadequate follow-up.

Examples may include:

  • Failure to identify a serious bacterial infection
  • Failure to investigate persistent fever
  • Failure to recognize a worsening wound infection
  • Failure to act on laboratory results
  • Failure to identify an infection after surgery
  • Failure to monitor a high-risk patient
  • Delayed referral for additional treatment

An untreated or inadequately treated infection may spread. In serious cases, the patient can develop sepsis, organ damage, or other lasting complications. The key legal issue is not simply whether an infection became severe. A medical malpractice investigation asks whether appropriate care could have identified and treated the condition sooner.

The Real Cost of a Delayed Diagnosis

A delayed diagnosis can change far more than someone’s treatment plan. It can affect how that person works, cares for family members, moves through the world, and plans for the future. The resulting losses may include:

  • Additional medical treatment
  • Longer hospitalization
  • Rehabilitation
  • Future medical care
  • Lost income
  • Reduced earning capacity
  • Physical pain
  • Disability or impairment
  • Loss of independence
  • Emotional and psychological consequences
  • Effects on a spouse or family
  • Funeral and related losses in a wrongful death case

Some injuries are immediately visible. Others appear in the daily things a person can no longer do. Maybe you cannot return to the career you built for decades. Perhaps you now need help dressing, driving, or caring for your children. Those losses deserve to be understood as part of the full human impact of an injury.

How Do You Prove a Misdiagnosis Case in Michigan?

Misdiagnosis cases often depend on detailed medical evidence. An attorney must reconstruct what happened before determining whether malpractice may have occurred.

Building the Medical Timeline

The timeline can reveal what symptoms were reported and when. It can also show when tests were ordered, reviewed, or communicated. Important evidence may include:

Hospital recordsPhysician notesNursing recordsImagingPathology reportsLaboratory resultsMedication recordsReferral recordsDischarge instructionsElectronic communications

The timeline may reveal a missed opportunity to diagnose the condition. It may also show whether later harm was connected to that delay.

Reviewing the Applicable Standard of Care

Michigan medical malpractice cases generally require evidence about the professional standard of care. The precise standard depends on the provider and circumstances. Qualified medical experts may be needed to evaluate the care. They can address what a reasonably competent provider should have done under comparable circumstances.

Connecting the Error to the Injury

This is often one of the most contested issues. A patient may already have been seriously ill before the alleged negligence occurred. The case must therefore distinguish the underlying illness from additional harm caused by the diagnostic failure.

That analysis may examine whether earlier diagnosis would likely have:

Changed treatment optionsPrevented disease progressionReduced the severity of complicationsAvoided additional proceduresReduced permanent impairmentChanged the patient’s outcome

This is why a detailed case investigation matters. Medical malpractice cannot be responsibly evaluated from one bad result or one medical record.

Michigan Medical Malpractice Laws Can Affect Your Claim

Michigan has specific rules governing medical malpractice lawsuits. These cases are different from ordinary personal injury claims. For example, Michigan law includes requirements concerning notice before filing a medical malpractice action. State law also addresses affidavits of merit that accompany medical malpractice complaints.

Deadlines are another critical issue. The time available can depend on when the alleged malpractice occurred and when the claim was discovered. Other circumstances can also affect the applicable deadline. That makes waiting risky. Records can become harder to obtain, memories can fade, and legal deadlines may expire.

If you suspect malpractice, speak with a qualified Michigan attorney promptly. An attorney can evaluate which deadlines and procedural requirements apply to your circumstances.

What Should You Do If You Believe You Were Misdiagnosed?

Your health comes first. If you are still experiencing serious or worsening symptoms, seek appropriate medical attention. Once your immediate medical needs are addressed, consider preserving information about what happened. Helpful steps can include:

  • Request copies of your medical records.
  • Preserve test results and imaging.
  • Keep discharge instructions and referral paperwork.
  • Save relevant patient portal messages.
  • Write down when your symptoms began.
  • Record which providers you saw.
  • Document when your diagnosis changed.
  • Keep medical bills and insurance statements.
  • Preserve employment records showing lost work.
  • Consider obtaining an appropriate second medical opinion.

Avoid assuming that a bad outcome automatically proves malpractice. It may take expert medical review to determine what happened. You also do not have to investigate the entire medical system yourself. An attorney can help identify which records and expert opinions may be important.

How Joumana Law Investigates Diagnostic Error Cases

At Joumana Law, we understand that your first question may be simple: How did this happen? Our job is to look deeper. We investigate the facts, examine the medical timeline, and determine whether there is evidence of actionable negligence.

An investigation may involve:

  • Obtaining relevant medical records
  • Reconstructing the timeline of care
  • Reviewing symptoms and reported concerns
  • Examining diagnostic tests and follow-up
  • Identifying the providers involved
  • Consulting qualified medical professionals when appropriate
  • Evaluating causation
  • Documenting financial and personal losses
  • Identifying potentially responsible parties
  • Preparing the case for litigation when warranted

Joumana Kayrouz built her practice around advocating for people who have been injured. Her philosophy recognizes that civil litigation serves another important purpose. When prevention fails, accountability can compensate victims and encourage safer systems.

The firm’s approach centers on strategic thinking, creative solutions, and results-driven advocacy. Those principles also guide how the firm evaluates serious injury claims.

You Deserved Answers. Now You Deserve to Be Heard.

You went for medical care because you needed help. If a preventable diagnostic failure made your condition worse, you deserve to know what happened. You also deserve an honest evaluation of whether the law gives you a path toward accountability.

Not every medical mistake is malpractice, and no responsible lawyer should tell you otherwise. But serious questions deserve a serious investigation. At Joumana Law, we believe injured people deserve to be heard, respected, and represented with strength.

Get Answers About What Happened to You

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Free ConsultationTalk to Joumana KayrouzCall now or send us your case. Your consultation is free, and you pay no fee unless we win.866-YOUR-RIGHTS248-557-3645Free case reviewLaw Offices of Joumana Kayrouz, P.L.L.C.
24370 Northwest Highway
Southfield, MI 48075

Legal Disclaimer

Every case is different. This page provides general educational information and is not legal advice. The existence, value and legal viability of any claim depend on the particular facts, applicable law, insurance coverage and jurisdiction. Listing a case type does not mean Joumana Law will accept or directly handle every matter. Depending on the circumstances, location and legal issues involved, the firm may work with qualified co-counsel or refer a matter to another attorney. Prior results do not guarantee a similar outcome. Speak with a lawyer about your individual rights and any deadlines that may apply.

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Frequently Asked

Answers before you ask.

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Can a Family Bring a Case After a Fatal Diagnostic Error?

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A potential wrongful death claim may arise when actionable medical malpractice causes a patient’s death. These cases involve additional legal and procedural considerations.

An attorney should evaluate the medical evidence and circumstances of the death. The attorney can then explain which rights may apply to the family or estate.

How Long Do I Have to File a Medical Malpractice Case in Michigan?

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Michigan imposes deadlines on medical malpractice claims. Which deadline applies can depend on several facts, including when the alleged malpractice occurred and when it was discovered.

Special circumstances and procedural rules can affect the analysis. Speak with a qualified Michigan medical malpractice attorney promptly to determine the deadline for your situation.

What If Several Doctors Were Involved?

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That is common in modern healthcare. A patient might interact with emergency physicians, specialists, radiologists, nurses, and other providers.

An investigation can trace the flow of information between them. It can identify where the diagnostic process may have broken down.

Can a Hospital Be Responsible for a Missed Diagnosis?

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Potentially. Responsibility depends on who made the alleged error and the legal relationship between the parties.

More than one person or entity may be involved in a patient’s care. An attorney can investigate who may bear legal responsibility.

What If My Doctor Ordered a Test but Misread the Results?

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That may warrant investigation. The important questions include who interpreted the test and whether that interpretation met the applicable standard of care.

The case must also establish causation. An incorrect interpretation must be connected to the injury being claimed.

Can an Emergency Room Be Liable for Missing a Stroke or Heart Attack?

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Potentially, depending on the facts and applicable law. Emergency medical providers must evaluate patients according to the relevant standard of care.

A lawyer may examine symptoms, testing, medical history, timing, and discharge decisions. The investigation must also determine whether any alleged failure caused additional injury.

What If My Cancer Was Diagnosed Too Late?

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A delayed cancer diagnosis should be carefully investigated when earlier warning signs or abnormal results may have been missed. The investigation may examine whether appropriate testing or follow-up should have occurred sooner.

It must also address whether earlier diagnosis likely would have affected treatment or outcome. Medical expert review may be necessary.

Is a Delayed Diagnosis Medical Malpractice?

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It can be under certain circumstances. The delay must involve care that failed to meet the applicable legal standard.

There must also be a causal connection between that failure and the patient’s harm. Each case depends heavily on its medical facts.

Can I Sue a Doctor for Misdiagnosis in Michigan?

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Potentially. A misdiagnosis alone does not automatically create a malpractice claim.

You generally must establish that the provider breached the applicable standard of care. You must also connect that breach to an injury or additional harm.

Are there special rules for malpractice claims in Michigan?

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Yes. Michigan imposes pre-suit notice requirements and shortened deadlines that catch many families off guard, and the records take time to gather and review. The sooner a case is evaluated, the more can be done to protect it.

What counts as medical malpractice?

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Medical malpractice is a preventable departure from the accepted standard of care that causes harm. Proving it usually requires the complete medical record and review by qualified medical experts.

When should I contact a lawyer after an injury?

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As soon as you can. Early involvement helps protect evidence, avoid mistakes with insurers, and keep your claim on track before important deadlines pass.

What documents should I keep?

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Keep anything related to the incident and your recovery: medical records and bills, photos, the police or incident report, insurance letters, and a simple record of missed work and out-of-pocket costs.

How will I pay my medical bills while my case is pending?

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Depending on your situation, options may include your own health insurance, No-Fault benefits, or arrangements with providers. We can help you understand what may be available while your case moves forward.

The insurance company already offered me a settlement. Should I accept it?

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Early offers are often lower than what a claim may be worth, and accepting one can waive your right to seek more. Let us review the offer for free before you decide.

Should I talk to the insurance company myself?

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Be careful. Insurance adjusters may ask for recorded statements or push for a quick, low settlement. It is usually best to speak with a lawyer before giving a statement or signing anything.

What types of cases does the firm handle?

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We handle a wide range of personal injury matters, including car and truck accidents, motorcycle accidents, medical malpractice, wrongful death, slip and fall, dog bites, and other serious injury claims.

Do you handle cases outside Michigan?

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Our home is metro Detroit and we serve clients throughout Michigan, and we also represent clients nationwide. Where a matter requires it, we coordinate with local counsel.

What if I was partly at fault?

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You may still be able to recover compensation even if you were partly at fault. Michigan law can reduce a recovery based on your share of fault, so it is worth having us review the details.

How long does a personal injury case take?

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It depends on the complexity of the case, the injuries involved, and whether the other side is willing to settle fairly. Some cases resolve in months, others take longer. We work to move your case as efficiently as possible.

Do I have to go to court?

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Many personal injury cases settle without a trial. If a fair settlement cannot be reached, we are prepared to take your case to court. We will explain your options at every step.

What is my case worth?

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Every case is different. Value depends on factors like medical costs, lost income, the severity of your injuries, and their long-term impact. We can review your situation for free and give you an honest assessment.

What should I do right after an accident?

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Get medical attention first, even if you feel fine. Then, if you can, document the scene, keep records of your treatment and expenses, and be careful about giving recorded statements to insurers before speaking with a lawyer.

How long do I have to file a personal injury claim?

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Michigan sets filing deadlines, called statutes of limitation, that vary by the type of case. Because missing a deadline can end your claim, it is best to contact us as soon as possible so we can review the timeline that applies to you.

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