A visit to the doctor always brings a certain amount of apprehension. Even if you’re feeling fine and going in for an annual physical, you won’t feel relieved until your doctor has run all the tests and gives that coveted “clean bill of health.”
For that to happen, your doctor needs to conduct several diagnostic tests. What if your doctor sits on the results of those tests? Could a delayed diagnosis lead to further harm? Yes, it can, and that can lead to an actionable medical malpractice claim.
Proving a medical malpractice claim is extremely challenging. It requires an independent medical practitioner to thoroughly review your medical records and establish that the delayed diagnosis directly caused your harm. To make that happen, you’ll need the support and guidance of an experienced Jackson medical malpractice lawyer.
Aligning with the right attorney will make all the difference in whether you can prevail or not.
Definition of a Delayed Diagnosis Claim
The World Health Organization maintains the International Classification of Diseases (ICD-11). It currently lists 17,000 unique diagnostic categories and over 55,000 separate coded entries. No one expects any doctor to memorize 17,000 diagnostic categories.
However, it is reasonable for a doctor to use all the tools at their disposal to determine what might be happening with a patient based on diagnostic testing.
How does a delayed diagnosis happen? Consider the following:
Dismissing Symptoms
You might tell your doctor about phantom pain, a persistent cough, or an upset stomach. Your doctor might ignore or minimize your complaints.
Failing to Test
Doctors have many testing options to order. If they skip standard or necessary diagnostic tests, it can cause harm.
Misinterpreting Results
Just because a doctor orders a test doesn’t automatically mean they will interpret the results correctly. If lab work, biopsies, or imaging scans are read incorrectly, treatment may be delayed.
Skipping Referrals
Your primary care doctor should have access to a network of medical professionals that specialize in certain areas. Referrals are often essential to complete the diagnosis.
It is important to establish exactly how the delayed diagnosis happened in order to support your medical malpractice claim.
Common Medical Conditions Subject to Diagnostic Delays
Sadly, several medical conditions seem more prone to diagnostic delays than others. You should know these conditions and their possible symptoms.
- Colorectal cancer
- Lung cancer
- Breast cancer
- Myocardial infarction (heart attack)
- Prostate cancer
- Stroke
- Sepsis
- Bladder cancer
- Pulmonary embolism
- Brain hemorrhage
Delaying the diagnosis of any one of those diseases can lead to serious health problems or worse.
Elements Required to Prove Medical Negligence
Before you can move forward with a medical malpractice claim for delayed diagnosis, you need to file a certification of consultation along with your complaint. Under state law, this is a sworn statement from your lawyer confirming they have reviewed the facts of your case and consulted with at least one qualified medical expert who believes there is a reasonable basis for the claim.
This is not the “slam dunk” evidence that will prove your case. Instead, it serves as the foundation you and your attorney can build on.
You still need to prove the four key elements of negligence.
- Duty of Care: This is the legal bond between you and your doctor. It is established when they agree to treat or diagnose you. Once that relationship is established, the provider must act with the skill and care of a trained peer.
- Breach of Duty: This breach happens when your doctor fails to meet the accepted medical standard. This means they did something an experienced medical professional would not do, or they skipped a step that another qualified medical professional would take.
- Causation: This is the direct link between the delayed diagnosis and your harm. You must show the injury would not have happened if they had acted correctly.
- Damages: These are all your real, measurable losses associated with the harm caused by the delayed diagnosis. These can include extra medical bills, physical pain, lost wages, or long-term disability.
How Legal Professionals Evaluate Your Case
Evaluating a delayed diagnosis claim requires more than showing that a doctor did not identify a condition right away. You need to establish that you did not receive a reasonable standard of care and that it directly caused you additional harm.
You also have to differentiate between malpractice and an undesired outcome. In other words, just because you didn’t get the news you wanted doesn’t automatically mean it is malpractice. To understand the difference, it is vital to speak with a qualified medical malpractice attorney.
The attorneys at Pittman Roberts & Welsh, PLLC, have guided many Jackson residents through the complicated process of pursuing a medical malpractice claim.
When we agree to take on a claim, we conduct a deep dive into your records to establish a clear timeline showing when your symptoms were reported, which tests were performed, what the results showed, and when the correct diagnosis was ultimately made.
We rely on our network of medical professionals to analyze the records and make the connection between your delayed diagnosis and your harm.
The attorneys at Pittman, Roberts & Welsh, PLLC, are based in Jackson and have more than 150 years of combined experience in personal injury claims.
We bring all our negotiation and litigation skills into every claim.
If you believe a delayed diagnosis caused harm to you or a loved one, you do not have to determine on your own whether you have a viable claim. Contact us to schedule a free consultation to talk about what happened. We can answer your questions about your options and help you decide what should happen next.
