When you see a doctor, you trust that they’ll listen, test, and diagnose what’s wrong. But sometimes, that doesn’t happen. A patient goes home, symptoms get worse, and weeks or months later, they learn what was missed all along. A missed or delayed diagnosis can turn a treatable illness into a serious or even fatal condition—and in some cases, it may amount to medical malpractice under Montana law.
At Conner, Marr & Pinski, we’ve represented Montana families whose lives were changed by preventable medical mistakes. We help patients understand when a delay crosses the line from unfortunate to unlawful—and what steps they can take to seek accountability.
Understanding Missed and Delayed Diagnoses
A missed diagnosis happens when a medical provider completely overlooks a condition. A delayed diagnosis occurs when the correct diagnosis is made—but only after significant time has passed, often after the disease has worsened.
These aren’t rare mistakes. Across Montana, we’ve seen patients whose cancer, stroke, or heart disease could have been caught earlier if a doctor had ordered the right tests, reviewed imaging carefully, or simply listened to their concerns. What may seem like a small delay in the moment can make the difference between a full recovery and lifelong harm.
When a Medical Error Becomes Malpractice
Not every error in judgment is malpractice. Montana law requires proof that a provider failed to meet the accepted standard of care—that is, what a competent doctor in the same situation would have done.
For example, if an ER physician sends someone home despite clear signs of a heart attack, or a radiologist overlooks a tumor visible on an X-ray, that may be negligence. But if a disease was extremely difficult to detect even with proper testing, it may not qualify.
Proving the difference often comes down to expert medical testimony. That’s why these cases require lawyers with deep experience in medical malpractice litigation—attorneys who can work with medical specialists, interpret records, and show exactly where the standard of care was broken.
The Impact of Missed or Delayed Diagnoses
The effects of a delayed diagnosis go beyond physical health. Patients may face longer or more invasive treatments, permanent complications, and emotional distress. Families often struggle with the stress and uncertainty caused by preventable harm. Some of the ways delayed diagnosis affects patients include:
- Increased medical expenses and more intensive treatments
- Loss of income due to extended illness
- Emotional trauma, anxiety, and diminished trust in medical providers
While no compensation can fully undo the damage, Montana law allows patients and their families to seek accountability and recovery for the harm caused by negligence.
Filing a Medical Malpractice Claim in Montana
Montana patients have legal options when a doctor’s negligence causes harm. Most claims must be filed within two years of discovering the error, though exceptions exist in some cases. Proving malpractice involves more than telling your story. Our team investigates medical records, consults independent medical experts, and constructs a clear case showing how a delay caused harm.
In many instances, the difference between a successful claim and a denied claim is documentation and strategy. That’s why working with attorneys experienced in medical malpractice is so important.
What To Do If You Suspect a Missed Diagnosis
If something doesn’t feel right about your care, trust your instincts. Get a second opinion, request your medical records, and contact a qualified Montana medical malpractice attorney as soon as possible. You don’t need to decide right away whether to file a claim—but having the right information early on can make all the difference.
At Conner, Marr & Pinski, your first consultation is always free. We’ll review your records, explain your options, and let you know if what happened to you—or your loved one—meets Montana’s standard for malpractice.
