Is misdiagnosis considered medical malpractice?

By Rasansky McKenzie

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 | McKenzie Law at (214) 367-6793.

About the Author

Anyone can hire a lawyer, but if you want to give yourself the best possible chance at success, call the experienced attorneys at Rasansky McKenzie. You only get one chance to bring your case before a court. Let them put their expertise to work for you.