Can Someone File a Medical Malpractice Lawsuit for a Delayed Diagnosis?

If you’ve suffered harm due to a delayed diagnosis, exploring your legal options is important.

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When you seek medical care, you expect qualified professionals to diagnose and treat your condition promptly. Unfortunately, diagnostic errors and delays happen, sometimes with devastating effects on a patient’s health. If you suspect that your condition worsened due to unreasonable delays in diagnosis, you might have grounds for a medical malpractice lawsuit. Malpractice lawyers will be able to help you know for sure.

Ask Malpractice Lawyers: Can Someone File a Medical Malpractice Lawsuit for a Delayed Diagnosis?

Medical malpractice occurs when a doctor, nurse, or other healthcare provider acts negligently. This negligence must deviate from the accepted standard of care within the medical community, ultimately causing harm to the patient. A delayed diagnosis can be considered medical malpractice if it meets these criteria.

Delayed Diagnosis As Negligence

Proving that a delayed diagnosis constitutes medical malpractice requires demonstrating at least four things. First, a doctor-patient relationship must exist. You must have an established relationship with the healthcare provider, showing they were responsible for your care. Second, there must be clear proof that the doctor breached their duty by not meeting the accepted standard of care. This could include misinterpreting tests, failing to order necessary tests, or ignoring evident symptoms.

However, it’s not enough to prove a delay occurred; it must be clearly demonstrated that the delay caused harm. You must prove that the delay directly caused your condition to worsen or led to additional injuries. Finally, you must show that you have suffered damages as a result of the delayed diagnosis. This could include increased medical costs, lost wages, pain and suffering, or a worsened prognosis. Find out more here about whether your case is likely to qualify as malpractice.

Challenges in Delayed Diagnosis Lawsuits

Delayed diagnosis cases are particularly tough, as patients need to show that with an earlier diagnosis, the outcome would have been significantly different. Establishing this can be difficult.

In addition, since the statute of limitations for filing a medical malpractice lawsuit varies state by state, it is crucial to consult with an attorney as soon as possible if you suspect a delayed diagnosis has harmed you. In Maryland, you generally have five years from the time the malpractice was committed or three years from the date you discovered that you were harmed, whichever is earlier.

Common Conditions Suffering from Delayed Diagnosis Claims

Cancer

Early detection is crucial for successful cancer treatment. A delayed diagnosis could worsen the prognosis, potentially making necessary treatments more invasive or reducing the chances of a full recovery.

Heart Disease

Undiagnosed heart problems can increase the risk of heart attack or stroke, potentially causing permanent disability or death. In some cases, delayed diagnosis eliminates the possibility of taking the right preventative measures, leaving more drastic interventions as the only option.

Infections

Some infections, if left untreated, can spread and cause serious complications, including sepsis. Delayed diagnosis can put a patient at risk for organ damage, long-term health issues, or even death.

Conclusion

If you’ve suffered harm due to a delayed diagnosis, exploring your legal options is important. But these cases are hard, and you are under time limits. Be sure to talk to a qualified and experienced malpractice lawyer as soon as possible.