
Doctor Failed to Order Tests Lawyers | Bounds Law Group
If you’ve suffered harm because your doctor didn’t order the right medical tests, you’re not alone—and you may have a case for medical malpractice. At Bounds Law Group, we help victims of negligence take legal action when their health is compromised by a failure to order diagnostic tests.
Whether the oversight resulted in a delayed cancer diagnosis or a missed stroke, not ordering critical diagnostic procedures can lead to life-altering consequences. This in-depth guide explains what failure to order diagnostic tests means, why it happens, and how you can hold negligent providers accountable.
Complete our free case evaluation form or call us now at 877-644-5122 to schedule a consultation.
What Is a Failure to Order Diagnostic Tests?
A failure to order diagnostic tests occurs when a healthcare provider does not request essential medical testing that would have led to an accurate and timely diagnosis. This failure can happen in emergency rooms, primary care settings, hospitals, and specialist visits.
Common scenarios include:
- A doctor dismissing stroke symptoms without ordering a CT scan
- Failing to order blood work for a patient with signs of infection
- Ignoring chest pain without conducting cardiac enzyme testing or an EKG
- Not referring for a biopsy despite a suspicious mass
When doctors fail to act in accordance with accepted medical standards, the results can be devastating.

Why Is the Failure to Order Diagnostic Tests Considered Malpractice?
Medical malpractice arises when a healthcare provider deviates from the accepted standard of care, resulting in patient harm. The failure to order diagnostic tests falls squarely within this definition when it leads to an incorrect diagnosis, delayed treatment, or worsening of a medical condition.
Healthcare providers are responsible for:
- Carefully evaluating the patient’s symptoms and history
- Developing a list of possible diagnoses (differential diagnosis)
- Ordering appropriate diagnostic tests to rule out or confirm those conditions
When they fail to follow these procedures, especially in high-risk or time-sensitive cases, it can constitute medical negligence.
Consequences of Not Ordering the Right Tests
Failing to order necessary diagnostic tests can lead to a wide range of complications, including:
- Delayed treatment – Time-sensitive conditions like cancer, infections, and heart disease worsen without prompt intervention.
- Misdiagnosis – Patients may be treated for the wrong condition, risking adverse effects.
- Advanced disease progression – Conditions like cancer can spread beyond early, treatable stages.
- Permanent injury or death – Critical errors in diagnosis often have irreversible consequences.
Victims of these errors often face prolonged suffering, extensive medical costs, and reduced quality of life—all of which can form the basis of a strong malpractice claim.
How to Prove Malpractice for a Failure to Order Diagnostic Tests
At Bounds Law Group, our experienced attorneys know that proving a failure to order diagnostic tests requires a strategic legal approach supported by strong evidence. To succeed in a malpractice claim, we must establish the following:
- Doctor-patient relationship – You were under the care of the provider in question.
- Breach of duty – The provider failed to meet the expected standard of care by not ordering appropriate diagnostic tests.
- Causation – This failure directly led to injury or worsened health.
- Damages – You experienced physical, emotional, or financial harm due to the missed or delayed diagnosis.
Our legal team partners with medical experts to identify breaches of care and provide testimony that supports your case.
Conditions Often Missed Due to Failure to Order Diagnostic Tests
Some of the most dangerous consequences of diagnostic test failures involve serious, time-sensitive medical conditions:
- Cancer (breast, colon, lung, prostate, etc.)
- Heart attacks and other cardiac conditions
- Strokes and aneurysms
- Pulmonary embolisms
- Sepsis and bacterial infections
- Internal bleeding or organ failure
In many cases, patients seek medical attention only to be told their symptoms are minor—when in fact, a critical test could have changed their treatment path and outcome.
What to Do If You Suspect Medical Malpractice
If you believe a failure to order diagnostic tests has led to unnecessary suffering or a worsening of your condition, follow these steps:
- Gather documentation – Request all your medical records, lab results, and imaging reports.
- Get a second medical opinion – Have another provider review your case to determine what tests should have been ordered.
- Speak with a malpractice attorney – Legal support is essential for navigating the complexities of medical negligence claims.
At Bounds Law Group, we offer a compassionate, client-first approach backed by years of litigation success.
Complete our free case evaluation form or call us now at 877-644-5122 to discuss your potential claim with an attorney.

The Role of Electronic Health Records (EHRs) in Preventing Failure to Order Diagnostic Tests
Modern technology is supposed to make healthcare safer, but when it’s ignored or misused, it can contribute to medical errors. Electronic Health Records (EHRs) are designed to help providers catch red flags and avoid diagnostic oversights. However, when alerts are dismissed or test recommendations are overlooked, serious harm can result.
Properly used, EHRs should:
- Trigger alerts for abnormal symptoms and test results
- Offer clinical decision support to suggest appropriate testing
- Promote interdisciplinary communication to avoid information silos
- Track missed follow-ups or referrals
In medical malpractice cases, our team at Bounds Law Group investigates whether the EHR system showed signs that were missed or ignored. These digital records can serve as powerful evidence in proving that a failure to order diagnostic tests was preventable and negligent.
Why Choose Bounds Law Group?
At Bounds Law Group, we specialize in complex medical malpractice cases, including those involving diagnostic errors. With decades of experience and a proven track record of success, our attorneys have the skills, resources, and medical expertise to pursue justice on your behalf.
We understand how painful and frustrating it is to learn that your health issues could have been avoided. That’s why we’re committed to holding negligent providers accountable and helping victims recover the compensation they deserve.
Your health and future are worth fighting for. Complete our free case evaluation form or call us now at 877-644-5122 to speak with a qualified legal professional today.
Sources
- National Library of Medicine – Diagnostic Error in Medicine
Explores how failures in the diagnostic process contribute to patient harm, with a focus on missed and delayed diagnoses.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5025953/ - Agency for Healthcare Research and Quality (AHRQ) – Diagnostic Safety
A leading resource on improving the diagnostic process and preventing medical errors through better systems and training.
https://psnet.ahrq.gov/primer/diagnostic-errors - Johns Hopkins Medicine – Diagnostic Errors: Statistics and Impact
A comprehensive report on the prevalence and consequences of diagnostic errors in U.S. healthcare.
https://www.hopkinsmedicine.org/news/newsroom/news-releases/study-suggests-diagnostic-errors-the-most-common-serious-medical-mistake