We all trust physicians to use their extensive training and education to identify our health problems in a timely manner. But due to carelessness or negligence, many times a doctor simply overlooks what he should be seeing. This is called failure to diagnose, and it accounts for 40% of all medical malpractice claims.

It is a doctor's duty to look at symptoms and form a diagnosis. Should certain symptoms not fall conclusively within a diagnosis, it is his responsibility to find the core problem. A proper diagnosis is the first and most essential step in the treatment process. If a doctor fails to diagnose or to proceed with tests that would be reasonable for another professional in his field to perform, he may be liable for medical malpractice.

Who Else is Responsible?

In many malpractice claims, a specialist's failure to order proper tests leads to failure to diagnose. But failures in judgment are also responsible. A nurse getting initial patient information may neglect to note a change in symptoms. A lab tech may switch test results. A doctor may simply fail to get a correct basic history. In all of these cases, the professional is liable for any injury resulting from his actions.

Economic pressures from insurance companies are also causing a rise in the number of failure to diagnose claims. Often, financial concerns trump patient care when it comes to getting the testing necessary to make a proper diagnosis. While refusing to cover certain tests may save the provider some money, the patient pays the price when it comes to the delays in testing.

It's Not Just Cancer

While cancer of the breast, colon and skin are the most discussed, some of the more common cases of failure to diagnose are:

· toxoplasmosis (an infection often caused by contact with cats and their feces) 1 in 4 is undiagnosed

· osteoporosis (weakened bone mass) 1 in 15 is undiagnosed

· Chronic obstructive pulmonary disease (obstruction of bronchial air flow) 1 in 18 is undiagnosed

· Diabetes (reduction in the body's ability to handle sugar) 1 in 47 is undiagnosed

· Glaucoma (gradual reduction in peripheral vision) 1 in 272 is undiagnosed

Failure to diagnose does not have to lead to a fatality to be a medical malpractice claim. It often simply leads to a delay in treatment, and that lost time can mean the difference between an easily treatable condition and something that must be treated more aggressively. There are many diseases like cancer where the success rate for treatment is directly proportionate to the earliness of detection.

Making Things Right

Not every failure to diagnose is automatically a medical malpractice suit. For example, a stroke is not easily diagnosed because the symptoms vary so greatly. However, because a physician is supposed to recognize potential symptoms, it is always in your best interest to consult with an attorney to discuss legal options.