Can I Sue for Delayed Diagnosis?

Doctors diagnose patients based on signs, symptoms, and lab tests. They can miss the signs of a serious medical condition when they don’t follow medical standards. Getting a diagnosis too late can limit your treatment options and cause unnecessary suffering.

You can hold a doctor liable for injuries caused by a delayed diagnosis. Medical malpractice laws differ depending on where you live. For information about your legal rights after a delayed diagnosis, talk to a local medical malpractice lawyer.

What Is a Delayed Diagnosis?

Doctors medically diagnose a patient’s condition after an evaluation. Diagnosis is based on symptoms and diagnostic tests. Sometimes, doctors don’t have enough information to diagnose you. They should order more tests and get more information to make a diagnosis.

Delayed diagnosis involves failing to recognize signs, symptoms, complaints, and test results. If a doctor fails to diagnose a condition that another doctor would reasonably make, the doctor is liable for the misdiagnosis. A missed diagnosis can result in more injury, pain, and a worse outcome for you.

For example, you go to the doctor with complaints of pain, difficulty urinating, and blood in the urine. The doctor fails to do follow-up evaluations for possible prostate cancer and sends you home without a diagnosis. Months later, you go to another doctor who gets lab tests to make a prostate cancer diagnosis. During the delay, the cancer spreads to other parts of the body. If the first doctor failed to follow the medical standard of care, they’re liable for the harm caused by your delayed diagnosis.

What Are the Most Common Delayed Diagnoses?

Medical negligence can delay diagnoses for any type of disease or health condition. Some of the most common delayed diagnosis conditions include:

• Colorectal cancer
• Lung cancer
• Breast cancer
• Myocardial infarction (heart attack)
• Prostate cancer
• Stroke
• Sepsis
• Pulmonary embolism
• Brain hemorrhage

What Are the Consequences of a Delayed Diagnosis?

Like a misdiagnosis, a delayed diagnosis can have serious consequences. Missing the correct diagnosis means delayed treatment. Delayed treatment allows the illness to spread, cause more serious damage, or reduce treatment options. Cancer can spread and metastasize. Infections can spread and cause tissue damage. Delayed treatment can weaken your immune response.

Sometimes, the wrong diagnosis can subject you to unnecessary medical procedures. For example, a medication prescribed for the wrong condition can cause unnecessary side effects. These unnecessary treatments can cause more damage as your true condition goes untreated. Unnecessary treatments can take a toll don’t do anything to treat the actual medical issues.

Americans pay a lot of money for health care. You may also have to pay for these unnecessary medical treatments.

How Do You Prove a Delayed Diagnosis Injury?

To prove a delayed diagnosis injury, you have to show that the doctor, nurse, or medical professional was negligent. The elements of a medical malpractice claim include:

• The doctor owed you a doctor-patient relationship duty of care
• The doctor deviated from medical standards
• The doctor’s breach caused your injuries
• You suffered harm because of the doctor’s negligence

In most medical malpractice lawsuits, you need a medical expert witness to show the jury how the doctor violated their duty of care. A medical expert will review your medical records. They can identify if and how your health care provider failed to diagnose your condition in a timely manner.

A medical expert can explain the standards of medical care and how your doctor did something a reasonable doctor would not have done. They can also explain how the doctor’s failure to timely diagnose your injuries affected you.

How Much Can You Get in Compensation?

In a medical malpractice case, you seek compensation for your losses. Damages in a medical malpractice claim include economic and non-economic damages. Economic damages include medical expenses, future medical bills, and lost income. Non-economic damages include emotional distress, pain and suffering, and loss of enjoyment in life.

In serious cases, a delayed diagnosis is life-threatening. If someone dies because of a delayed diagnosis, loved ones can file a wrongful death lawsuit against the negligent doctor seeking compensation for the doctor’s medical errors.

Find a Medical Malpractice Lawyer

Medical malpractice lawsuits aren’t like other personal injury claims. Medical malpractice cases involve complex medical issues. An experienced medical malpractice lawyer can help you recover money for your injuries. Your lawyer can negotiate for compensation with the insurance company or take your case to court if the defense is being unreasonable. For legal advice about delayed diagnosis compensation, contact a local medical malpractice attorney.