Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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Medical Negligence and the Dismissal of Patient Concerns: A Growing Patient Safety Crisis

Top 10 patient safety concern from ECRIAs medical malpractice attorneys, we know how devastating medical negligence can be — and one of the most overlooked yet dangerous forms of negligence is dismissing patient concerns. According to the ECRI Institute, this issue ranks as the #1 patient safety concern for 2025, and for good reason. When doctors ignore, downplay, or fail to investigate symptoms, they put their patients at risk for misdiagnosis, delayed treatment, and serious harm.

Unfortunately, this is not a rare occurrence. A 2023 survey found that 94% of patients reported having their symptoms ignored or dismissed by a doctor. In medical malpractice cases, we often see that this type of negligence results in worsened conditions, unnecessary suffering, and, in some cases, preventable deaths.

What Is Medical Gaslighting—and When Is It Medical Malpractice?

Dismissing patient concerns is often referred to as medical gaslighting—a term used to describe when a doctor invalidates a patient’s symptoms without proper medical evaluation. This can happen due to cognitive biases, systemic inefficiencies, or even outright negligence.

Common examples of medical gaslighting behaviors include:

  • Dismissing or refusing to discuss symptoms or medication concerns.
  • Ignoring or interrupting patients during medical visits.
  • Blaming symptoms on anxiety, weight, age, or other non-medical factors instead of conducting a thorough examination.
  • Refusing to order diagnostic tests despite persistent symptoms.
  • Minimizing the severity of a patient’s pain or other complaints.

While some instances of medical gaslighting stem from unconscious bias, others may cross the line into medical negligence—especially when a doctor’s failure to listen leads to misdiagnosis, improper treatment, or serious harm.

Delayed Diagnosis and Misdiagnosis Can Be Grounds for a Medical Malpractice Lawsuit

Patients trust their doctors to take their concerns seriously. When doctors fail to listen, they increase the risk of delayed or missed diagnoses, which can have life-altering consequences.

  • 55% of patients who had their symptoms dismissed reported that their condition worsened.
  • 28% of patients said their health emergency could have been prevented if their doctor had acted sooner.

Delayed diagnosis is especially dangerous for conditions like:

  • Cancer – When doctors dismiss early warning signs, patients may lose the opportunity for life-saving treatment.
  • Heart attacks and strokes – Women, in particular, are often misdiagnosed when experiencing cardiac symptoms, leading to fatal delays in care.
  • Infections and sepsis – Dismissing symptoms like fever or pain can allow infections to worsen, leading to severe complications or death.

If a doctor fails to follow the standard of care—by ignoring symptoms, refusing necessary tests, or making an incorrect diagnosis due to bias or negligence—they may be legally responsible for medical malpractice.

Healthcare Bias: A Hidden Threat to Patient Safety

Certain patient populations are more likely to experience medical gaslighting and diagnostic errors, often due to bias and systemic disparities in healthcare. Studies show that:

  • Black patients, especially Black women, are less likely to have their pain taken seriously, leading to delayed or inadequate treatment.
  • Women are twice as likely as men to be misdiagnosed with a mental health disorder when they are actually experiencing heart disease.
  • People with obesity, disabilities, or neurodivergence are often dismissed by doctors, with symptoms being blamed on their weight or mental health rather than investigated properly.

Dismissing patient concerns exacerbates healthcare disparities and can result in avoidable injuries, worsening conditions, or even wrongful death.

When Dismissing Patient Concerns Becomes Medical Malpractice

While not every case of dismissed symptoms qualifies as medical malpractice, a doctor or hospital may be liable if:

  • A patient’s concerns were ignored, leading to delayed treatment or misdiagnosis.
  • A proper diagnosis or test was refused, despite clear symptoms.
  • A doctor violated the standard of care, meaning another competent doctor would have handled the case differently and prevented harm.
  • The patient suffered serious injury, progression of disease, or wrongful death due to the delay in treatment.

If you or a loved one suffered harm because a doctor ignored or dismissed your symptoms, you may have a legal claim for medical malpractice.

What to Do If You’ve Been a Victim of Medical Negligence

If you believe a doctor’s failure to listen to your concerns led to serious harm, take the following steps:

  1. Get a second opinion – If you feel dismissed, seek another medical professional to properly evaluate your symptoms.
  2. Request copies of your medical records – This can help show whether doctors failed to conduct necessary tests or misdiagnosed your condition.
  3. Document your symptoms and interactions – Keep a detailed journal of what symptoms you reported, how your doctor responded, and whether delays led to worsening health.
  4. Consult a medical malpractice attorney – A legal professional can review your case and determine if you have grounds for a lawsuit.

Fighting for Patients’ Rights

Doctors and hospitals have a duty to listen, investigate symptoms, and provide competent medical care. When they fail to do so, and a patient suffers as a result, they must be held accountable. As medical malpractice attorneys, we are dedicated to fighting for patients who have been harmed by negligent misdiagnosis, delayed treatment, and systemic bias in healthcare.

If you or a loved one suffered due to a doctor’s failure to take your symptoms seriously, contact our firm for a free consultation. You have the right to seek justice, and we are here to help.