Delayed diagnosis cases are some of the most common medical negligence cases.  Doctors, when diagnosis patients’ injuries or conditions, may overlook pertinent family history, symptoms, complaints, or not adequately go through a differential diagnosis.  Whether or not a doctor was negligent in failing to diagnosis an injury or condition would be a question of fact.  We would hire an expert doctor who would testify as to what they believed was the standard of care under similar circumstances.   The expert doctor would give an opinion as to whether the doctor in question breached, or fell below, the acceptable standard of care.  The defense would also have an opportunity to have their doctors testify as to what the standard of care is as well as whether their doctor fell below the standard of care.  Then it is up to the jury to decide.  Medical Malpractice cases in general are difficult, time consuming, and technical.  Thus, not all cases, even when there is clear negligence, are cases attorneys are willing to take.