What Is a Delayed Diagnosis? Understanding Your Rights

When you seek medical care, you should be able to trust your healthcare providers to accurately and promptly diagnose your condition. However, diagnostic errors are alarmingly common in the United States, and incorrect or delayed medical diagnoses can have life-altering or life-ending consequences.

If you believe you or a loved one has suffered harm due to a delayed diagnosis, a medical malpractice attorney at the Jacob D. Fuchsberg Law Firm can help you understand your legal options, including the potential for a delayed diagnosis lawsuit.

What Is a Delayed Diagnosis, and Is It Considered Malpractice?

A delayed diagnosis occurs when a medical professional fails to diagnose a medical condition in a reasonable and timely manner. In many cases (but not always), these errors constitute medical malpractice.

For a case to be considered medical malpractice, you have to prove these elements:

• Duty of Care: You had an established doctor-patient relationship, and your healthcare provider owed you a professional duty of care.
• Breach of Duty: The doctor or another healthcare professional failed to follow the accepted standard of care, leading to a delay in diagnosis.
• Causation: The doctor's delayed diagnosis directly caused you harm, meaning the delay made your condition worse or caused other related medical problems.
• Damages: The delayed diagnosis resulted in quantifiable damages such as increased medical expenses, lost wages, pain and suffering, or other losses.

When there is a significant delay in diagnosis, a patient’s condition may worsen, leading to more serious health complications, the need for more aggressive treatment, and even a reduced chance of survival.

The Causes and Consequences of Delayed Diagnoses

Sadly, diagnostic errors are far too common in healthcare systems.

Reasons can include:

• Misinterpreted Test Results: Incorrect interpretation of lab results, diagnostic images, or vital signs.
• Failure to Order Appropriate Tests: Neglecting to schedule necessary tests based on symptoms and medical history.
• Miscommunication Among Healthcare Providers: Lack of coordination between doctors, specialists, and nurses.
• Failure to Consider All Possibilities (Differential Diagnosis): Focusing on a single diagnosis without considering other potential causes.
• Patient Errors: Patients may also inadvertently delay the process by not reporting symptoms fully or missing scheduled appointments.

Unfortunately, delayed or missed diagnoses can be devastating for patients and their families.

‍Consequences include:

• Progression of Disease: Conditions like cancer worsen when left untreated, significantly impacting treatment options and survival rates.
• Need for More Aggressive Treatment: Delayed diagnosis may require invasive or debilitating treatments with a lower success rate.
• Reduced Quality of Life: Prolonged illness, permanent disability, or chronic pain can significantly impact daily life.
• Increased Medical Bills: Delays lead to higher treatment costs and often extensive care.
• Lost Income and Earning Potential: Missed work or reduced capacity to earn a living can cause financial hardship.
• Emotional Distress: Worry, anxiety, and even trauma are common for those experiencing delayed diagnosis.
• Wrongful Death: In the worst cases, a delayed diagnosis may be fatal.

According to medical studies, diagnostic errors contribute to approximately 10% of patient deaths and account for 6–17% of adverse events in hospital settings.

Another study found that diagnostic errors affect an estimated 12 million Americans each year in ambulatory care settings alone.

Types of Medical Conditions that Lead to Delayed Diagnosis Lawsuits

While delayed or missed diagnoses can occur in any situation, some medical conditions are particularly prone to diagnostic error, such as:

• Cancer: Delayed cancer diagnosis cases are among the most common, especially cancers with better survival rates if found early.
• Heart Disease and Stroke: Accurate and timely diagnosis is crucial to prevent heart attacks, stroke damage, and complications.
• Infections: Certain infections like sepsis require swift diagnosis and treatment.
• Autoimmune Disorders: Disorders like lupus or rheumatoid arthritis are often misdiagnosed, leading to unnecessary suffering.
• Fractures and Spinal Cord Injuries: Failure to properly diagnose and treat broken bones or spinal trauma can lead to permanent impairments and chronic pain.
• Appendicitis: Misdiagnosing appendicitis as a less serious condition can result in rupture, sepsis, and potentially fatal complications.

Regardless of your condition, there’s always a possibility for delayed diagnosis. If you believe your medical provider failed to give you proper treatment, seek legal help right away.

What to Do If You Suspect a Delayed Diagnosis

After discovering that your medical provider failed to promptly diagnose you, it’s essential to take prompt action to protect your health and your legal rights:

Seek Medical Attention

If you are still experiencing symptoms or have concerns about your care, seek a second opinion from another qualified medical professional. Follow their recommended treatment plan, and attend all follow-up appointments.

Gather Documentation

Obtain copies of your medical records, including doctor’s notes, test results, imaging studies, and any communication with your healthcare providers. This evidence will be crucial in evaluating your potential medical malpractice claim.

Contact a Medical Malpractice Attorney

Reach out to an experienced medical malpractice lawyer who can review your case, explain your legal options, and help you navigate the complex process of pursuing a claim. Look for an attorney with a proven track record of success in handling delayed diagnosis lawsuits.

Throughout the process, it’s important to act promptly. Medical malpractice claims are subject to strict statutes of limitations, and failing to file your claim within the applicable deadline could bar you from recovering compensation, so don’t delay in seeking legal guidance.

At the Jacob D. Fuchsberg Law Firm, we offer free case reviews to patients who have been harmed by medical negligence. Our compassionate medical malpractice attorneys can help you understand your rights and options, and they’ll fight to hold negligent healthcare providers accountable.

Why You Need an Experienced Medical Malpractice Attorney

Medical malpractice cases are notoriously complex. The Jacob D. Fuchsberg Law Firm has decades of experience successfully litigating these cases. ‍

We have the resources, skill, and dedication to:

• Evaluate Your Situation: We'll carefully review your medical records and consult with medical experts to determine whether you have a valid medical malpractice claim.
• Assemble a Strong Case: We will work tirelessly to gather all the evidence needed to build a strong case.
• Handle Complex Medical Issues: We’ll work closely with medical experts to fully understand your medical issues and how the delayed diagnosis caused your injuries.
• Counter Insurance Companies' Tactics: Insurance companies often try to minimize payouts, but our attorneys know their tactics and will fight to protect your rights.
• Take Your Case to Trial: If necessary, we will passionately represent you in court.

If you or a loved one has been harmed by a doctor’s delayed diagnosis, you may be entitled to compensation for your economic and non-economic damages, including:

• Past and future medical bills related to the delay in diagnosis and treatment.
• Lost wages and reduced earning capacity if you are unable to work.
• Pain and suffering for the physical and emotional anguish you've endured.
• Loss of quality of life and enjoyment of activities.
• Disability, disfigurement, or permanent impairment.
• Wrongful death damages if your loved one died due to the delay.

While recovering fair compensation is a daunting task, it is made exponentially easier with the help of a medical malpractice attorney from the Jacob D. Fuchsberg Law Firm.

Successful Stories of Maximum Compensation for Diagnostic Delays

The average compensation for delayed diagnosis cases can vary widely depending on the severity of the harm suffered, the strength of the evidence, and the skill of the medical malpractice attorney handling the case. Some successful delayed diagnosis lawsuits have resulted in settlements and verdicts in the millions of dollars.

$1 Million for Missed Prostate Cancer Diagnosis

In this case, a man’s physicians repeatedly ignored elevated PSA test results and concerning symptoms. This delayed cancer diagnosis led to the cancer spreading, requiring more invasive and debilitating treatment that wouldn’t have been necessary with an earlier diagnosis. We achieved a $1 million settlement for our client, providing essential resources as he battled the advanced stages of the disease.

$975K for Cancer Diagnosis Overlooked

A misread X-ray resulted in a missed cancer diagnosis, leading to disease progression and severe consequences for our client. The initial misdiagnosis led to inappropriate treatment and a critical loss of time for effective intervention. Our team worked diligently to prove the harm caused by the radiological error and the need for further treatment.

$700K for a Failure to Treat a Child’s Condition

This heartbreaking case involved a young child whose congenital abdominal lymphangioma (a benign mass) was misdiagnosed. As a result, the child experienced unnecessary pain, worsened symptoms, and underwent multiple ineffective treatments. Our firm secured a $700,000 settlement, providing the family resources for ongoing care and helping to ensure the child receives the best possible treatment moving forward.

$950K for a Fatal Delay in Prison Cancer Diagnosis

A prisoner’s repeated complaints of severe symptoms were ignored by prison medical staff. When finally diagnosed, the man’s cancer had reached an untreatable Stage IV. This gross negligence caused a painful and preventable death. Our firm helped the family hold the prison accountable and secure compensation for this tragic and unjust loss of life.

These are just a few examples of the successful results we’ve achieved for victims of medical negligence. While no amount of money can undo the harm caused by a delayed diagnosis, a settlement or verdict can provide crucial financial support and a sense of justice for patients and families.