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Feb 06 2026 Failure to Diagnose

When Doctors Stop Looking After the First Answer

When a healthcare provider, such as a doctor, fails to follow up after an initial diagnosis, it is known as medical negligence. The failure to act as a reasonable doctor would in that situation puts a doctor in a position of having engaged in medical malpractice

It is common for doctors to order tests, procedures, or consultations as part of a patient’s care. When lab results or an exploratory surgery are inconclusive, a doctor may make an initial diagnosis to begin treating the patient’s condition. In this way, the doctor estimates the condition based on their experience, education, and the patient’s treatment results. 

However, an initial diagnosis may not be correct. Additional testing may be necessary. The condition may be progressing, revealing more clues that could help the doctor make a proper diagnosis. However, when the doctor stops looking after the first answer is discovered, negative results are possible. Our West Virginia failure-to-diagnose attorney serves clients injured by doctors who do not go the “extra mile” to correctly diagnose a medical condition. 

When is Settling On an Initial Diagnosis Medical Malpractice?

A standard of care exists for all medical providers, including doctors. When a doctor’s level of care on a particular patient’s issue or illness falls below the standard of care, he or she is in danger of having committed medical malpractice. 

Part of doctors’ duty of care is to follow up with their patients after receiving initial test results. For instance, if imaging reveals an initial diagnosis for a patient, the doctor must inform the patient of that condition and make treatment recommendations. That said, a doctor should also, if necessary, continue to pursue additional diagnoses of the condition to better treat the patient’s symptoms. 

In short, answering a patient’s question about pain, discomfort, or other symptoms with an initial diagnosis is appropriate. When that initial diagnosis is not followed by further investigation, a doctor risks making mistakes that negatively impact a patient. 

Who May Be at Fault When a Doctor Fails to Follow Up After Making an Initial Diagnosis?

In addition to the doctor himself, other entities involved in the physician-patient relationship may be responsible for negligent acts. A failure to communicate with the patient, poor record-keeping, or another error by hospital or clinic staff may cause a diagnostic review to end prematurely. Healthcare providers who fail to pursue additional care or testing when warranted may have breached their duty of care to a patient. Harm may result from this failure on the part of the doctor, their staff, or the medical practice that employs the doctor. 

If you believe that you have suffered harm as a result of a doctor’s failure to follow up on an initial diagnosis, contact Crim Law, PLLC today. A free case review allows you to ask questions and receive personalized feedback from our team of legal professionals. 

What Potential Harm May Result from a Doctor’s Failure to Look Beyond the Initial Diagnosis?

There is a wide range of consequences that may result when a physician fails to follow up with a patient after making an initial diagnosis. Unfortunately, depending on the situation of the patient, this failure to pursue additional treatment can result in severe consequences, including loss of life. 

One of the most significant mistakes a doctor can make when it comes to the failure to make additional diagnoses is in regard to cancer. A delay in properly treating cancer can cause the disease to progress. Progression, left unchecked, in many types of cancer greatly decreases the patient’s likelihood of survival. 

Likewise, a patient who suffers from the failure to correctly diagnose a condition on the part of a doctor may find themselves dealing with worsening symptoms, increased cost of medical care, a reduced life expectancy, and chronic medical issues. 

Proving Medical Malpractice for Failure to Provide Proper Follow-Up Care

Did your doctor owe you a duty of care? This is the first question that you must answer in the affirmative in order to prove a medical malpractice claim. Then the duty of care must have been breached, and harm must have resulted from that breach. 

Simply put, did your doctor have a duty to follow up with you after making an initial diagnosis? The failure of a doctor to follow up and further investigate an initial diagnosis may form the basis of a medical malpractice claim or lawsuit. The harm suffered by you as a result of that breach of the duty of care must have been caused by the doctor’s failure to properly follow up on their initial diagnosis. 

An experienced West Virginia failure to diagnose attorney will review all evidence in your case. The failure to provide proper follow-up care will likely need to be proved, at least in part, by a medical expert witness. This witness can analyze the circumstances of your case to help a judge or jury better understand exactly where the doctor made mistakes. 

Choosing the correct attorney for your case will ensure that you can prepare diligently for a case that stands to shape the rest of your life. 

What Makes Us So Unique Among Other West Virginia Failure to Diagnose Attorneys?

As you can see, medical malpractice cases are quite complex. Insurance companies and physician groups have deep pockets to defend themselves against even the strongest medical malpractice claims. Crim Law, PLLC, boasts a track record second to none in client outcomes inside and outside the courtroom. We are proud of the successes we have achieved for our clients. 

To learn more about how we can help with your case, please contact us for a free case review. We put clients first, placing their goals at the forefront of our representation.