Under Missouri law, when a failure to diagnose leads to injury or worsened health outcomes, patients may be entitled to seek compensation through a medical malpractice claim. These cases often raise questions about responsibility, accountability, and justice, and we’re here to help those affected by such oversights pursue the compensation they deserve.
At The McCallister Law Firm in Kansas City, Missouri, we’ve seen firsthand how devastating it can be when a medical professional fails to identify a serious health condition. A delayed or missed diagnosis can strip a person of valuable time—time that could have been used to seek treatment, slow disease progression, or even prevent death.
Medical Malpractice in Missouri
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes injury as a result. In Missouri, these claims require us to prove that the provider-patient relationship existed, the provider breached the standard of care, the breach caused harm, and the patient suffered measurable damages.
When the breach involves a failure to diagnose, the challenge becomes showing that the condition would have been identified and treated properly if not for the medical professional’s negligence.
This area of medical malpractice often involves missed test results, failure to follow up, ignoring symptoms, or misinterpreting medical data. Each of these failures can directly impact a patient’s well-being.
Why Failure to Diagnose Is So Harmful
When a condition like cancer, stroke, heart disease, or a serious infection goes undiagnosed, the results can be life-altering or fatal. The earlier these conditions are detected, the greater the chance of effective treatment.
A delay can mean more invasive procedures, greater pain, reduced life expectancy, or permanent disability. This kind of harm is what forms the basis of a medical malpractice claim.
Many patients come to us only after their health has significantly declined, often because they trusted their doctor’s reassurances or were told their symptoms were minor. By the time they receive a proper diagnosis, it may be too late for certain treatments to be effective.
Proving Medical Malpractice in Diagnosis Failures
In a failure to diagnose case, we must present compelling evidence that the provider had a duty to recognize the condition based on the information available.
Missouri law requires plaintiffs to submit an affidavit of merit from a qualified healthcare provider, affirming that the defendant’s actions did not align with the standard of care. This affidavit is filed early in the process and is critical to proceeding with the claim.
We often rely on medical records, diagnostic tests, expert opinions, and testimony from other medical professionals to show what should have been done differently. We also consider the patient's full medical history to rule out alternative explanations and to demonstrate that the misdiagnosis had a direct impact on the outcome.
Missouri’s Statute of Limitations
Timing is critical when pursuing a medical malpractice case in Missouri. The statute of limitations for filing a claim is typically two years from the date the injury occurred or was discovered. However, there are some exceptions.
For example, if the failure to diagnose involves a foreign object left in the body or a minor child, different rules may apply. It’s essential to act quickly so we can preserve key evidence, gather statements, and begin building a case while the facts are still fresh. Delaying action can weaken the case and limit available legal options.
Types of Serious Conditions Often Misdiagnosed
Although any condition can potentially be overlooked, certain illnesses are more frequently involved in medical malpractice claims related to missed diagnoses. Some of these include:
Cancer (particularly breast, colon, prostate, and lung cancer)
Heart attacks, especially in women and younger patients
Strokes, often mistaken for migraines or vertigo
Infections such as sepsis or meningitis
Pulmonary embolism
Autoimmune diseases such as lupus or multiple sclerosis
Fractures, especially hairline fractures that are missed on initial imaging
These conditions are often treatable when caught early, but delays can result in irreversible damage. A provider who misses the signs of these conditions may be held accountable if their inaction contributed to the patient’s worsening condition.
Barriers to a Timely Diagnosis
Medical malpractice involving diagnostic failures often stems from a combination of systemic issues and individual oversight. Some of the most common barriers include rushed appointments, understaffed medical facilities, reliance on faulty diagnostic tools, and communication failures between departments or providers.
Patients themselves may also be dismissed when describing their symptoms, especially if they don't fit the expected profile for a certain disease. For instance, women reporting signs of a heart attack may be told they’re experiencing anxiety.
Similarly, younger patients may be told their symptoms are not serious simply due to their age. These assumptions are dangerous and can prevent patients from receiving the testing or referrals they need.
Building a Strong Medical Malpractice Claim
At The McCallister Law Firm, we focus on uncovering what went wrong and why. A successful claim hinges on establishing that a reasonably skilled provider, in the same circumstances, would have recognized the condition or pursued further testing.
This can require a thorough review of clinical guidelines, diagnostic protocols, and industry standards. We work closely with medical specialists to analyze whether red flags were missed or ignored.
Missouri law recognizes that doctors are not infallible, but it does not excuse negligence. If a provider fails to do what a prudent medical professional would have done, they may be liable under medical malpractice law.
Damages Available for Victims
Those who’ve suffered due to a missed or delayed diagnosis may be eligible for various forms of compensation. Missouri law allows plaintiffs to recover economic damages like medical bills, rehabilitation costs, and lost wages, as well as non-economic damages such as pain, suffering, and emotional distress.
There is currently a cap on non-economic damages in Missouri for medical malpractice claims, which is adjusted for inflation annually. In rare cases, punitive damages may be awarded if it can be shown that the provider’s conduct was especially reckless or showed a conscious disregard for the patient’s safety.
Overcoming Defense Arguments
Physicians and hospitals often claim that the condition was too rare or advanced to detect early or that the patient failed to disclose key information. They may argue that even with a timely diagnosis, the outcome would have been the same.
That’s why it’s important to work with an attorney who knows how to anticipate and address these arguments.
We push back with facts, research, and testimony that demonstrate what should have been done differently. Missouri juries tend to be fair but require a clear, compelling case. It’s our job to present the facts in a way that reveals the full extent of the harm caused.
How We Help Victims of Misdiagnosis
At The McCallister Law Firm, we bring years of experience to every medical malpractice case we handle. We understand how overwhelming it can feel to pursue legal action after such a traumatic experience.
That’s why we commit to giving each case the focus it deserves. From gathering records to consulting with medical professionals, we build every claim with care and precision.
We listen closely to your story and give you honest, clear information about your rights. We believe that patients deserve answers—and that providers who fail to meet their responsibilities must be held accountable.
Reach Out to Our Firm
Whether it’s cancer that went unnoticed, a stroke that was mistaken for something else, or an infection that wasn’t treated in time, a missed diagnosis can rob someone of both time and health.
At The McCallister Law Firm, we stand by those who’ve been let down by the medical system. Through skilled legal representation, we aim to restore some measure of justice and help victims move forward with confidence and dignity. We’re proud to serve Kansas City, Missouri, and the surrounding areas. Call Brian F. McCallister today.
