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Many minor medical problems, such as cuts, bruises, and common colds, resolve on their own with minimal medical care. However, other conditions can progress from harmful to potentially life-threatening after just a few weeks, or sometimes even days, if they are not professionally treated. Unfortunately, doctors are not always as prompt as they should be when it comes to identifying dangerous medical problems and providing appropriate care for them.
If your doctor had enough information to diagnose you soon after you sought treatment, but instead let your condition get preventably worse through their own negligence, you may have grounds for legal action. An Erie delayed diagnosis lawyer can help you pursue justice. No matter what damages you need to recover or how many health care providers are involved, a dependable medical malpractice attorney from Lowenthal & Abrams will work tirelessly to ensure your case has the best possible resolution for you.
Understanding Delayed Diagnoses as Grounds for Lawsuits
Importantly, a doctor failing to diagnose an injury or illness right away does not qualify as medical malpractice in every situation. First and foremost, the delay in diagnosis must have resulted in the patient suffering substantial physical harm. Second, the error must have stemmed directly from the diagnosing doctor violating the standard of care they owed to that patient, meaning they must have acted in a way that no other equally qualified doctor would have acted if presented with the same information under the same working conditions.
Exactly what standard of care a doctor owes to a patient can differ dramatically from case to case, as can the specific behaviors that constitute a violation of that standard. With help from an Erie attorney, you may be able to successfully file suit over mistakes related to your delayed diagnosis. These errors might include:
- A doctor failing to communicate clearly with other staff members
- Improperly performing tests
- Failing to order testing when appropriate
- Ignoring a patient’s self-reported symptoms
Building a Strong Case Against a Negligent Doctor
One very important distinction between medical malpractice claims and other types of personal injury lawsuits in Pennsylvania is that, for the former, you must have support from at least one qualified medical expert. More specifically, you must present all evidence you intend to incorporate into your claim to one or more medical professionals who have experience working in the same field(s) of medicine as the doctor(s) whom you intend to sue. Then, the professional(s) reviewing your claim must assert in a signed certificate of merit that they believe it is reasonably likely that malpractice occurred.
In addition, you will need substantial evidence to establish that the specific losses for which you are seeking compensation stemmed directly and primarily from a delay in proper treatment as opposed to any other source. Having a skilled lawyer’s support during your Erie delayed diagnosis case can be crucial to collecting and making effective use of information such as medical records, testimony from family and friends, input from subject matter experts, and more.
Contact an Erie Attorney for Assistance With Your Delayed Diagnosis Case
Whether you are seeking emergency care at a hospital or just getting a regular checkup from your primary care physician, you should be able to trust that your doctors will pay close attention to your condition, identify any problems as soon as possible, and recommend appropriate treatment in a timely manner. Any doctor who fails to provide this basic standard of care not only puts their patients at risk of serious harm but also opens themselves up to civil liability for the consequences of their misconduct.
An Erie delayed diagnosis lawyer can help you explore and take full advantage of your rights if you have been harmed in this way. Call today to learn what the team at Lowenthal & Abrams can do for you.
