Gorovitz & Borten, P.C.
Attorneys at Law

550 Cochituate Road, Suite 25
Framingham, Massachusetts
Tel: (781) 890-9095
Failure to Diagnose
Most medical conditions are progressive diseases which require timely
diagnosis. Even the gravest medical illness benefits from early diagnosis and
early treatment. The failure to diagnose a patient's medical condition will
often allow the patient to suffer for a prolonged period of time and in some
instances suffer irreversible health damage. The affected patient is doubly
harmed while prolonging their suffering and postponing, and at times
denying, lifesaving treatment to be properly initiated.

The greater the delay in diagnosing a medical condition, the lower the
chances for full (or even meaningful) recovery. Similarly, the greater the
delay in commencing the appropriate treatment, the lower the chances for full
recovery. In situations such as heart attacks, stroke, fetal distress and brain
injury, a longer diagnosis to treatment interval is reflected in the increase of
complications and decrease in successful recovery and long term outcome.

The most common diseases that are often the result of medical malpractice

  • Failure to diagnose any type of cancer (breast cancer, cervical cancer,
    colon cancer, endometrial cancer, lung cancer, prostate cancer,
    ovarian cancer, rectal cancer)
  • Failure to diagnose a heart attack (myocardial infarction)
  • Failure to diagnose infection (appendicitis, endocarditis,
    chorioamnionitis, bacterial meningitis)
  • Failure to properly screen a patient prior to the performance of a
    surgical procedure
  • Failure to diagnose a postoperative complication

Failure to diagnose or misdiagnosis is not always the result of medical
malpractice. Excellent physicians are often surprised at the difficulty to make
an accurate diagnosis in some patients. Some illnesses or injuries may not
become immediately evident even to the best trained physicians.

Nonetheless, a medical misdiagnosis will be considered to be the result of
medical malpractice when  the medical provider (physician, nurse
practitioner, midwife) fails to take the appropriate measures in accordance
with the acceptable standard of care under similar circumstances. Causes
that lead to a medical misdiagnosis include:

  • Failure to take a complete medical history (including a complete family
  • Failure to determine risk factors or predispositions to certain disease
  • Failure to determine a patient's history of allergies
  • Failure to screen high risk patients for a particular medical condition
  • Failure to establish a differential diagnosis based on the patient's signs
    and symptoms (complaints)
  • Failure to order the appropriate tests to confirm or rule out a particular
  • Failure to follow up on abnormal tests results
  • Failure to order a repeat test for inconclusive results
  • Failure to identify that a test result is abnormal for a particular patient
  • failure to monitor a patient after treatment has been started
  • Failure to make the appropriate referral to another physician  more
    qualified in a particular area of medicine (specialist)
  • Failure to biopsy
  • Failure to reevaluate a diagnosis after the patient's fails to respond to
  • Failure to properly interpret test results
  • Failure to act in a timely manner after test results become available
  • Premature discharge from hospital

If you (or a loved one) are suffering from complications due to a failure to
timely diagnose (cancer, heart attack, stroke, infection), let
Dr. Borten and
the Boston area medical malpractice attorneys at Gorovitz & Borten review
the specifics of your case. We can help you assert your rights and get the
compensation you deserve.
Contact Information
For a free confidential consultation and receive a response within 24 hours
(when possible), please contact us by phone, fax or e-mail with your question
or concern.

Telephone:  781-890-9095     -     Fax:   781-890-9098
Electronic mail:
Questions or Inquiries to:

Website disclaimer: The materials on this website have been prepared by
Gorovitz & Borten, P.C. for informational purposes only and are not intended, and should
not be construed as legal advice. This information is not intended to create and receipt
of it does not constitute a lawyer-client relationship. Similarly, any submission or receipt
of information using electronic "Contact Us" form does not create a lawyer-client
relationship. Internet and online readers should not act upon any of the information
contained on this website without seeking professional counsel. (
See Terms and