Doctors are among the most trusted professionals there are, and it rarely crosses the patient’s mind that a doctor could harm them. For the most part, doctors meet these expectations, but there are always exceptions, such as when a doctor engages in unethical practices. The other exception is when the treating physician makes an unintentional error, which can have devastating consequences for the patient. Delayed diagnosis is among the most common medical errors.

For some people, a timely diagnosis can be the difference between life and death. A delayed diagnosis could mean losing a life that could have otherwise been saved. This article looks into delayed diagnosis, from its definition to courses of action for the affected patient, and the importance of legal assistance in these cases.

“Everyone trusts doctors, and no one, including the jury, wants to look like they are punishing a doctor considering the good they do in society, so you have a tough job proving that a doctor was negligent without a lawyer,” says attorney Russell Berkowitz.

Understanding Delayed Diagnosis

Delayed diagnosis almost always accompanies misdiagnosis, both of which are medical errors. Delayed or late diagnosis occurs when the doctor fails to diagnose a problem when they should have. In most cases, doctors diagnose a different problem, also known as misdiagnosis. 

For example, a patient with abdominal cancer may exhibit symptoms similar to other stomach-related ailments, such as H. pylori infections. If the doctor fails to run adequate tests, they could treat H. pylori and fail to notice developing cancer. 

Cancers are especially time-sensitive, meaning a delay could cause the cancer to progress to another stage, significantly reducing the patient’s chances of survival. 

Who Is Liable for a Misdiagnosis?

Hospitals and health practitioners such as doctors, nurses, psychiatrists, and surgeons owe a duty of care to patients seeking medical help. As a result, they carry liability for damages resulting from their negligence. 

Like other tort claims, negligence in delayed diagnosis lawsuits has four elements: duty of care, breach of duty, causation, and harm. A duty of care is the medical practitioner’s responsibility for the patient’s well-being and is established once a patient is booked into a facility for medical treatment. 

Medical practitioners must act in a manner that any reasonable person with the same training would, including making a proper diagnosis or referring the patient to an expert. If they fail to act reasonably given the symptoms, they can be said to have breached the duty of care. If the patient suffers compensable damages, causation and harm are established and, consequently, negligence.

Legal Recourse for Delayed Diagnosis

If your condition has been worsened by a delayed diagnosis, you can sue for damages. Receiving compensation may not necessarily remove the harm suffered, but it can help make it more tolerable. It is important to note that medical malpractice lawsuits can be pretty complex, and it can be very difficult to win fair compensation without a lawyer. 

The quality of evidence needed to prove your case is quite high and far from what you can gather as a layperson. For example, you may need an expert witness to help show the failure of the at-fault party and the connection between their failure and your damages. An expert witness is not the same as a lawyer, but having a lawyer gives you access to a network of experts to help make your work much easier. 

Medical malpractice lawsuits fall under personal injury claims, but you should look at medical malpractice specialization when hiring a lawyer for your case. Consider a lawyer’s years of experience and success rate for out-of-court settlements and at trial.

Conclusion

Delayed diagnosis can change the course of a patient’s life. When doctors fail to recognize symptoms in time, the consequences can be irreversible. If you or a loved one has been harmed due to a delayed diagnosis, assistance from an experienced medical malpractice lawyer can be invaluable. With the right legal guidance, you will stand a far better chance of recovering compensation and holding negligent healthcare professionals accountable.