Is misdiagnosis considered medical malpractice?

Answer:

Yes—sometimes. A misdiagnosis (or delayed diagnosis) can be medical malpractice when a Texas healthcare provider fails to meet the accepted standard of care and that failure causes harm. In other words, if a reasonably competent doctor would have made the correct diagnosis or ordered appropriate tests, and the mistake led to injury, you may have a malpractice claim.

When a Misdiagnosis May Be Malpractice

  • Failure to order or interpret tests: Ignoring red flags, misreading imaging/labs, or mixing up patient results.
  • Not taking a proper history or exam: Overlooking key symptoms or risk factors.
  • No differential diagnosis: Not considering common, dangerous alternatives that should be ruled out.
  • Delay in diagnosis: Waiting too long to test, refer, or treat, worsening the outcome.

Commonly Misdiagnosed Conditions

  • Cancer (e.g., breast, colorectal, lung)
  • Heart attack, clogged arteries, or other cardiac disease
  • Stroke, infections (e.g., sepsis, meningitis), and tumors

What You Must Prove (Texas)

  • Duty/Standard of care: What a reasonably prudent provider would have done.
  • Breach: The provider fell below that standard (e.g., missed obvious signs).
  • Causation: The misdiagnosis or delay caused a worse outcome.
  • Damages: Physical, financial, or other losses (e.g., additional treatment, lost income).

Texas deadlines are strict. Malpractice claims have tight filing timelines and expert-report requirements. If you suspect a harmful misdiagnosis, speak with an attorney promptly.

Free case review: Call the Dallas medical malpractice lawyers at Rasansky Law Firm at (214) 651-6100.


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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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