Failure to Diagnose Litigation

Failure to Diagnose Litigation

Our Medical Negligence Attorneys help you Recover Damages for Injuries Suffered Due to a Failure to Diagnose

Your most trusted adviser during times of emotional and financial distress

Medical negligence lawsuits cover a wide range of hospital and physician errors, mistakes and failures. One of the most common types of errors is the failure to properly and timely diagnose medical conditions. As many as 40% of all medical malpractice claims are related to a failure to diagnose. At Osborne & Francis Law Firm PLLC our personal injury attorneys take the time to listen to your needs, investigate your case and craft a solid, creative strategy to help you get the compensation you deserve.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

osborne & francis partners

contact our office to speak to a lawyer.

do you still have questions?


A failure to promptly recognize signs and symptoms, diagnose medical conditions and provide prompt treatment often leads to significant consequences

One of a physician’s primary duties is to accurately assess a patient and determine the cause of any symptoms they are experiencing. There are many types of actions that constitute a failure to diagnose including:

  • Failing to obtain an accurate history and physical from the patient
  • Failing to assess all signs and symptoms the patient is or was experiencing
  • Failing to order proper tests such as blood tests and diagnostic imaging exams
  • Improperly interpreting diagnostic imaging tests such as CT scans, MRI exams, mammograms, ultrasounds and x-rays
  • Failing to properly monitor a patient’s symptoms and progress
  • Providing an incorrect diagnosis leading to unnecessary and useless treatment

Failing to diagnose or delaying a diagnosis often leads to delays in treatment that have devastating effects. The most severe complications due to a missed or delayed diagnosis result from conditions such as:

  • Heart attack, heart disease and hypertension
  • Cancers of the breast, lung or colon
  • Appendicitis
  • Diabetes

These conditions affect millions of people and the most successful results are achieved when patients are diagnosed early and have the most options for treatment. Cancer, in particular, is often more treatable during the early stages and failing to diagnose breast, lung or colon cancer leads to a much higher risk of death. In some cases, insurance companies may be held liable for refusing to cover tests during the evaluation process thus contributing to a delayed or missed diagnosis. If you have questions about the care you’ve received, it is important to get advice from a practiced healthcare attorney to determine if you have a cause of action against your healthcare provider.

C. Smith

5 star icon

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

E. Holland

5 star icon

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

J. Davis

5 star icon

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”


5 star icon

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

T. Andrews

5 star icon

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

5 star icon

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

Please fill out the form below for your


Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

If you or a loved one has suffered additional harms due to a missed diagnosis, contact a respected and caring law firm to guide you through the complex legal system

Lawsuits stemming from a failure to properly diagnose and treat medical conditions are inherently emotional and stressful. At Osborne & Francis Law Firm PLLC, our attorneys work hard to ease the burdens you’re experiencing and resolve your case efficiently and favorably. We don’t accept payment unless you win your case. To schedule a free initial consultation, call (561) 293-2600 or contact us online today.

Frequently Asked Questions