The majority of medical malpractice lawsuits deal with diagnostic errors. It is not difficult to understand why; without a correct diagnosis, a patient’s chances for recovery can decrease substantially. A delay in reaching the correct diagnosis can have grave or even fatal consequences for patients. The Philadelphia delayed diagnosis lawyers at Lowenthal & Abrams, Injury Attorneys are firmly committed to helping the victims of missed or delayed diagnoses. We will seek to help you and your family obtain the compensation to which you might be entitled for increased medical bills, lost wages and, in the case of death, lost companionship.
Causes of Delayed Diagnosis
In a crowded and busy environment, like the average hospital, mistakes and oversights are easy to make. There are many factors that may contribute to a delay in a patient’s diagnosis, although none of them are acceptable. Some of the most commonly cited reasons include:
- Busy emergency rooms where patients cannot receive immediate attention
- Subtle symptoms that may be overlooked
- Disorders whose symptoms closely resemble one another
- Rare disorders that doctors may not recognize
- Inattentive doctors, nurses, or emergency room staff
- Inexperienced employees
- Failure to perform proper tests
- Failure to engage in a thorough exam
Medical Malpractice Case Results
Lowenthal & Abrams has represented patients and families affected by serious medical errors for decades. The following table highlights selected medical malpractice case outcomes.
| $15 Million Surgery-Sepsis | $11 Million Birth Injury Case – Baby Seriously Injured | $4.8 Million Medical Malpractice – Wrongful Death Case |
| $3.75 Million Medical Negligence – Negligent Administration of Heparin | $2.4 Million Medical Malpractice – Improper Blood Screening | $2.4 Million Surgical Error – Damaged Sympathetic Nervous System |
| $1 Million Failure to Diagnose – Breast Cancer | $1.6 Million Pediatric Failure to Diagnose – Diabetes | $1.5 Million Failure to Diagnose – Breast Cancer |
| $1.4 Million Birth Injury to Mother – Wrong Medication | $1.2 Million Failure to Diagnose – Deep Vein Thrombosis (DVT) | $1.2 Million Failure to Diagnose – Esophageal Cancer |
Consequences of a Delay in Diagnosis
Some illnesses, such as cancer, can progress past the point of possible recovery if they are not addressed in time. Other illnesses require immediate attention; if people suffering from them do not receive prompt care, the results can be debilitating or fatal. Conditions that tend to have the worst consequences if they’re not diagnosed in time include:
- Heart attacks
- Stroke
- Cancer / Breast Cancer
- Appendicitis
- Infection
- Death
Speak with a Philadelphia Delayed Diagnosis Attorney
If you or a loved one has been harmed by a delay in diagnosis, a medical malpractice suit may help you gain compensation for medical expenses, lost wages, and pain and suffering. To learn more, share your story with our Philadelphia delayed diagnosis lawyer.
Frequently Asked Questions
1. What does it actually mean when a diagnosis is “delayed”?
In simple terms, a delayed diagnosis occurs when a medical condition isn’t identified within a reasonable timeframe. It’s not just about a slow appointment; it’s about those instances where the warning signs were present, but the physician failed to “connect the dots.” This gap in time often allows a condition to progress or worsen before the patient finally receives the treatment they need.
2. Is this the same thing as a misdiagnosis?
They are related but distinct. A misdiagnosis is when a doctor tells you that you have Condition A when you actually have Condition B. A delayed diagnosis means the doctor eventually gets it right, but they took far too long to get there. In both scenarios, the real danger is that the patient loses precious time while the actual illness goes untreated.
3. Why are these delays so common in hospital settings?
Hospitals, especially ERs, are high-pressure environments. Between staffing shortages and heavy patient loads, subtle symptoms can easily be overlooked or dismissed as something less serious. While the fast-paced nature of a hospital explains why these errors happen, it doesn’t excuse a failure to provide standard care.
4. If my doctor was trying their best, can it still be malpractice?
Legal negligence isn’t about whether a doctor is a “good person” or if they tried hard. It’s measured against the “standard of care.” If a different, reasonably competent doctor in the same specialty would have caught the issue sooner by ordering a specific test or noticing a red flag then the delay may legally qualify as malpractice.
5. What are the typical consequences of a late diagnosis?
Timing is everything with health. A delay can turn a treatable illness into a chronic or terminal one. We frequently see this with:
- Cancer: Where staging progresses from treatable to metastatic.
- Cardiac Events: Where a missed warning sign leads to a permanent heart muscle injury.
- Infections: Like sepsis, which can become fatal in a matter of hours.
6. How is “harm” proven in these legal cases?
This is where the timeline becomes vital. Attorneys work with medical experts to reconstruct the “what if” scenario. They look at your records to determine if an earlier intervention would have realistically changed your recovery, prevented a surgery, or saved a life.
7. Who is held accountable for the mistake?
It isn’t always just one person. Depending on where the communication broke down, liability might rest with a primary care doctor, a radiologist who misread an image, a lab that delayed results, or the hospital itself for systemic failures.
8. What steps should I take if I suspect a delay will hurt my recovery?
First, focus on getting the right treatment now. Beyond that, start an “event log.” Note when your symptoms started, exactly what you told your doctors, and when they finally gave you the correct diagnosis. Also, request a full copy of your medical records—these are the most important pieces of evidence you have.
9. What is the deadline for filing a claim in Pennsylvania?
Generally, Pennsylvania has a two-year statute of limitations for medical malpractice. However, because you might not realize a diagnosis was delayed until much later, the “discovery rule” can sometimes affect that timeline. Because these rules are strict, it’s best to consult a professional as soon as you suspect something is wrong.
10. How does Lowenthal & Abrams approach these cases?
We don’t just look at the law; we look at the medicine. Our team includes an on-staff medical doctor and a nurse, which gives us a unique advantage in spotting the exact moment a healthcare provider missed the mark. We use that clinical insight to build a case that reflects the true impact the delay has had on your life.