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Delayed diagnosis occurs when a physician or other healthcare professional fails to make an accurate diagnosis based on symptoms in a reasonable time frame. Because some diseases are challenging to detect, a delayed diagnosis does not always mean the doctor was negligent. Even the most experienced and cautious doctors can make mistakes.
That being said, some instances of delayed diagnoses result from healthcare negligence. When a medical professional fails to provide an appropriate standard of care and medical treatment, the civil court may hold them accountable for medical malpractice. Call an experienced Bala Cynwyd delayed diagnosis lawyer for more information or help with your case.
Reasons for a Delayed Diagnosis
It is relatively common for patients to experience delays before receiving a formal diagnosis. However, some circumstances may involve a medical professional’s negligence. Potential reasons for a delayed diagnosis involving medical malpractice include:
- Neglecting to perform adequate tests
- Misinterpreting test results
- Clerical errors or communication mistakes
- Oversight and missing signs and symptoms of a stroke, heart attack, cancer, and other life-threatening diseases
- Losing lab results or mixing them with another patient’s results
An error in identifying a disease may happen for many reasons, but the postponement in providing the necessary treatment could result in a patient’s condition worsening. The delay may be especially harmful for patients with aggressive forms of cancer, where early treatment is essential to having a chance at recovery. When someone believes a medical professional’s negligence led to a delayed diagnosis and treatment, they should speak with a Bala Cynwyd lawyer about options for legal recourse.
Necessary Elements to Establish Liability
If a patient can prove a medical professional’s negligence led to their condition worsening, the healthcare provider may be liable for covering the patient’s medical expenses, missed time from work, and pain and suffering. Negligence in the context of medical malpractice claims involves specific elements:
- The existence of a doctor-patient relationship
- The healthcare professional failing to provide the level of reasonable care another doctor in the same profession would have
- The patient experiencing verifiable harm and damages as a result of the delay in diagnosis
A Bala Cynwyd delayed diagnosis attorney could review a patient’s case to determine whether they may have a viable medical malpractice claim.
Maximum Time to File Lawsuits for Medical Malpractice
Civil courts limit the maximum amount of time people have to pursue compensation in injury claims. Pursuant to 42 Pennsylvania Consolidated Statute § 5524, an injured patient must file a claim for medical malpractice within two years of the procedure or treatment that harmed the plaintiff.
In cases involving a delayed diagnosis, it may be challenging to determine when this timeframe begins. In these circumstances, the discovery rule may apply, meaning the two-year statute of limitations starts when a patient reasonably discovers the damage caused by a delayed diagnosis. A delayed diagnosis lawyer in Bala Cynwyd could handle the legal work on an injured patient’s behalf to ensure compliance with this legal deadline.
Call a Qualified Delayed Diagnosis Attorney Today
Delays in diagnosing a medical condition can have devastating consequences for a patient and their family. Discovering a disease has already progressed to severe or life-threatening because of the mistake is frightening and frustrating.
If you sought a medical diagnosis but received negligent care from a physician or other medical professional, you have the right to pursue compensation. A skilled Bala Cynwyd delayed diagnosis lawyer could defend your rights and advocate for a fair settlement amount. Call Lowenthal & Abrams, Injury Attorneys, today.
