Misdiagnosis vs. Delayed Diagnosis: When Does It Become Malpractice?
Every day, patients in Seattle and across the country trust medical professionals to make accurate, timely diagnoses that guide their treatment and recovery. But what happens when that trust is broken?
Misdiagnosis and delayed diagnosis are among the most common and most devastating, forms of medical error. According to a Johns Hopkins study, diagnostic errors contribute to nearly 80,000 deaths and hundreds of thousands of cases of serious harm each year in the U.S. alone.
At Campiche Andrews, we’ve seen firsthand how diagnostic failures can change lives. Below, we’ll explain the difference between misdiagnosis and delayed diagnosis, when they may constitute medical malpractice, and what legal steps you can take if you’ve been harmed.
What Is a Misdiagnosis?
A misdiagnosis occurs when a doctor identifies the wrong condition or illness. It can result in inappropriate treatment or no treatment at all, while the real issue worsens.
Common Examples:
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Diagnosing a heart attack as acid reflux
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Treating a malignant tumor as a benign cyst
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Confusing Lyme disease for chronic fatigue syndrome
Misdiagnosis is not always considered medical malpractice. The law does not hold doctors liable for honest mistakes made in the absence of negligence. But when a reasonable physician in the same circumstances would have reached the correct diagnosis and harm results from the error, it may cross the line into negligence.
What Is a Delayed Diagnosis?
A delayed diagnosis occurs when a correct diagnosis is eventually made but not soon enough. The delay can allow an illness or injury to progress, reducing treatment effectiveness or causing irreversible damage.
Common Causes:
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Misinterpreting test results
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Failing to order appropriate diagnostics
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Dismissing early symptoms
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Delayed referrals to specialists
In some cases, a delayed diagnosis can have the same outcome as a misdiagnosis— prolonged suffering, disability, or death.
Real-Life Impact:
“A delayed cancer diagnosis can turn a treatable Stage I tumor into a life-threatening Stage IV illness. Every missed test, every overlooked symptom, matters.”
Key Differences Between Misdiagnosis and Delayed Diagnosis
| Feature | Misdiagnosis | Delayed Diagnosis |
|---|---|---|
| Definition | Wrong diagnosis | Correct diagnosis, made too late |
| Timing | Typically immediate | Involves a time lapse |
| Common Causes | Cognitive error, lack of testing | Missed follow-up, system failure |
| Risk | Inappropriate or harmful treatment | Disease progression or lost treatment window |
| Legal Relevance | Can be malpractice if negligent | Same—if delay stems from preventable error |
Both can lead to harm. Both can be grounds for a Seattle medical malpractice lawsuit when the error was avoidable.
When Does a Diagnostic Error Become Malpractice?
Not every misdiagnosis or delay in diagnosis is grounds for a lawsuit. To rise to the level of medical malpractice, the error must meet four legal elements:
1. A Doctor-Patient Relationship Existed
This confirms the provider owed you a duty of care.
2. The Doctor Was Negligent
You must prove the physician failed to provide care that meets the standard expected of a reasonably competent provider under similar circumstances. This often involves:
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Not ordering necessary tests
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Ignoring abnormal results
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Relying too heavily on assumptions or outdated methods
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Failing to refer to a specialist when appropriate
3. The Negligence Caused Harm
It’s not enough that the diagnosis was wrong, you must show the error caused worsened outcomes that would have been avoidable with proper care.
Examples include:
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A tumor that could have been removed early but metastasized
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A stroke that could have been prevented with earlier imaging
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Permanent organ damage from untreated infection
4. The Harm Resulted in Measurable Damages
Damages can include:
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Medical bills
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Lost income
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Pain and suffering
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Loss of future earning potential
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Wrongful death
If all four elements are present, you likely have a valid malpractice claim.
Commonly Misdiagnosed or Delayed Diagnoses
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Stroke
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Multiple sclerosis
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Meningitis
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Heart attack (especially in women)
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Aortic dissection
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Pulmonary embolism
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Breast cancer
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Lung cancer
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Colorectal cancer
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Melanoma
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Pancreatic cancer
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Appendicitis
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Sepsis
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Kawasaki disease
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Infections (e.g., sepsis, cellulitis, meningitis)
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Autoimmune disorders (e.g., lupus, rheumatoid arthritis)
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Ectopic pregnancy
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Lyme disease
Washington state hospitals, including Harborview Medical Center, Swedish Medical Center, and Virginia Mason, have all seen diagnostic error cases. While most physicians provide excellent care, institutional systems sometimes break down leading to tragic, preventable harm.
How Do You Prove Misdiagnosis or Delayed Diagnosis?
Proving a diagnostic malpractice case requires more than medical records. It takes expert legal and medical collaboration to establish a strong claim. Here’s what that process often involves:
Step 1: Medical Record Review
We collect and analyze:
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Initial complaints
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Diagnostic tests ordered
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Lab/imaging results
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Referral notes
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Discharge summaries
Step 2: Expert Medical Opinion
Under Washington law, a licensed medical expert must confirm that:
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The standard of care was breached
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The breach directly caused the harm
This testimony is critical and often the deciding factor in the case.
Step 3: Causation Evidence
Our firm works with expert witnesses to show:
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The outcome would have been different with proper diagnosis
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The delay or error led to specific, measurable harm
Step 4: Documentation of Damages
We build a case for compensation by detailing:
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Medical expenses
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Lost wages
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Emotional distress
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Future care needs
Our team at Campiche Andrews ensures every element is documented and argued effectively—from evidence collection through trial, if necessary.
Do You Need a Medical Malpractice Lawyer in Seattle?
If you believe you’ve been harmed by a diagnostic error, your next steps can determine the outcome of your case. While the law allows individuals to file claims on their own, medical malpractice is one of the most complex areas of personal injury law.
An experienced Seattle malpractice attorney can:
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Evaluate your case’s viability
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Connect with expert witnesses
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Handle insurer negotiations
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Meet strict deadlines
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Navigate Washington’s pre-litigation requirements
At Campiche Andrews, we have decades of experience standing up to hospitals, insurance carriers, and medical institutions. Our results and our client relationships speak for themselves.
What to Do If You Suspect Diagnostic Malpractice
If you believe a misdiagnosis or delay harmed you or a loved one, act quickly. Washington has a strict 3-year statute of limitations, and gathering evidence takes time.
Immediate Steps:
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Request your full medical records
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Write down your timeline of events
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Get a second opinion to confirm or clarify diagnosis
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Do not sign any waivers or settlements without legal review
Then, contact a qualified medical malpractice attorney to evaluate your case.
When Your Doctor Fails, You Deserve Answers
A misdiagnosis or delayed diagnosis can change your life in an instant. You may feel betrayed, confused, or overwhelmed. At Campiche Andrews, we’re here to help you find answers—and fight for accountability.
We’ve represented patients across Seattle and Washington State in complex medical malpractice claims involving hospitals, private practices, and urgent care clinics.
Call Us Today for a Free Case Evaluation
If you’ve suffered harm from a diagnostic error, don’t wait. Contact our experienced team to discuss your legal options and take the first step toward justice.
