Delayed diagnosis is a type of medical malpractice in which a medical practitioner fails to adequately diagnose a patient in a timely enough manner when it is logically possible. Though another professional may have eventually diagnosed the patient with a condition, they unnecessarily suffered more injuries or complications because of the delayed diagnosis.
Psychiatrists, doctors, and other healthcare workers, providers, or facilities are examples of medical practitioners who may be involved in delayed diagnosis.
The medical practitioner’s failure to diagnose early may not have been directly responsible for the patient’s injuries or sickness; however, an adequate diagnosis could have stopped the patient from suffering more harm or prevented the ailment from sliding into a critical condition.
Delayed diagnosis is generally part of a medical misdiagnosis. In a typical misdiagnosis case, a medical professional may have identified something troubling with an individual, but their diagnosis was inaccurate. For instance, the doctor might have diagnosed the wrong part of the patient’s body or the incorrect condition.
A delayed diagnosis is often related to the medical practitioner missing a diagnosis they could have logically detected earlier. You can institute legal action against a medical professional for failing in or delaying correctly diagnosing you. For instance, you can sue your physician if the misdiagnosis injures or aggravates your illness.
Medical practitioners must exhibit a higher level of professionalism than the standard of care expected of other professionals. Hence, you can institute a medical malpractice claim against them if they deviate from the expected standards.
The Nexus Between Delayed Diagnosis and Failure to Diagnose
Failure to diagnose is a type of medical malpractice that occurs after a physician fails to take the appropriate actions to ascertain the nature of a patient’s ailment. In these circumstances, the physician completely fails to detect or properly diagnose an existing issue.
An instance of failure to diagnose is when a patient suffers from different symptoms, but the physician cannot relate the symptoms to an underlying condition.
If you believe you have suffered a condition with your medical practitioner that unnecessarily aggravated your illness, let a delayed diagnosis attorney help you assess your condition and determine the following line of action.
Instances of a Delayed Diagnosis
As observed earlier, a delayed diagnosis may result from a medical practitioner’s negligence. Below are instances of delayed diagnosis that may lead to a malpractice claim:
- Someone went to their healthcare professional for a regular checkup, and the physician failed to diagnose a condition that requires medical attention
- Someone approached their primary care professional with signs, and the doctor failed to diagnose the situation based on the prevailing signs adequately or did not refer them to a specialist
- Laboratory test errors happened, leading to delayed medical attention
- Someone went to a specialist who misdiagnosed their situation, causing delayed medical treatment
It is crucial to observe that the individual must have suffered due to the treatment delay to have a valid claim. Instances of actionable harm from a delayed diagnosis include:
- The ailment spreads due to the delay
- The patient needs more expensive or invasive treatment due to the delay
- The patient endures more significant psychological or bodily pain due to the delay
You must act promptly by instituting your claim within the statute of limitations in your jurisdiction. For most personal injury cases, the deadline is two years.
Who Is Responsible for Delayed Diagnosis Matters?
Some individuals or entities must be liable for medical malpractice. This includes the individual who violated their duty of care and who is directly responsible for the patient’s harm.
However, it may be challenging to determine the liable party due to multiple parties involved in medical malpractice cases. For instance, a doctor and a nurse may share liability if their combined negligence causes someone’s harm.
Furthermore, a healthcare facility organization or similar entity may be liable for medical malpractice. It specifically applies to issues involving a medical organization’s policy or standard of care for patients falling below par.
Typical instances of those liable for medical malpractice include dentists, clerical staff, surgeons, nurses, general practitioners, hospitals, psychiatrists, gynecologists, and chiropractors.
In most delayed diagnosis matters, the diagnosing physician may be liable for losses or harm from an individual’s delayed diagnosis. You must prove the following factors in a delayed diagnosis case:
- The physician had a physician-patient relationship with you
- The physician was negligent and violated the duty of care they owed you
- The physician’s negligence led to your harm
- Your injuries caused a quantifiable loss that you deserve monetary compensation for
You may assert liability if you can establish that any other logical physician practicing medicine in the same field could have diagnosed you quickly. Defective or faulty medical equipment may further affect some delayed diagnosis matters. In this instance, you can hold the equipment manufacturer under a product liability claim.
The Legal Implications of a Delayed Diagnosis
Delayed diagnosis issues closely resemble personal injury matters. You can institute a personal injury claim if you experience emotional, physical, or psychological harm or property loss.
The essence of filing a lawsuit is to demand monetary compensation from the liable party. The liable party will compensate you for your harm and losses.
Some jurisdictions limit the amount of compensatory damages a plaintiff can receive from a defendant. Some states do not cap the amount a plaintiff can receive for a wrongful death claim.
The typical remedy for a delayed diagnosis claim or lawsuit is a financial damages award. It compensates a victim for medical expenses, hospital bills, additional treatment costs, medicine bills, and other losses, like lost earnings.
“Filing a product defect lawsuit may lead to a recall of the questionable product or a class action lawsuit. If the matter involves widespread safety or health issues, a hospital may need to adjust its policies and culture,” says personal injury attorney Eric H. Weitz of The Weitz Firm, LLC.
The essence of these measures is to prevent future recurrences. The authorities do not want similar things to happen in the future.
Why You Need an Attorney for a Delayed Diagnosis
If you believe you have experienced harm due to a delayed diagnosis by a medical expert, contact a personal injury attorney immediately to know your options. The lawyer will enlighten you on your rights and the best strategies for a favorable outcome.
The case is often complex and can be overwhelming for a layperson. That is why you must let your lawyer be involved in the issue.
