A diagnostic error is a mistake by the doctor who agrees to treat your disease or illness. The mistake can be a failure to make a timely diagnosis. The mistake can be a diagnosis of a wrong condition, such as diagnosing a panic attack instead of the correct condition such as heart disease. Most illnesses and diseases can be diagnosed properly through routine competent exams and imaging tests. Some diagnoses may be difficult to make but dealing with these challenges is supposed to be part of your doctor’s job. Not every diagnostic error rises to the level of medical malpractice. For an improper diagnosis to constitute medical malpractice: There must be a doctor-patient relationship. The physician must have failed to exercise competent medical care within the standards of the medical practice or specialty. The incorrect diagnosis must cause the patient physical harm or death. The patient must have sustained damages because of the injuries.