You Need Legal Help After A Delayed Diagnosis
A delay in diagnosing a serious illness or injury can have lasting and sometimes fatal consequences. When the delay is caused by medical negligence, affected patients and their families usually have legal recourse.
At the Chicago law firm of Rapoport Weisberg & Sims P.C. our lawyers represent clients in medical malpractice cases arising from delayed diagnoses. We have obtained numerous jury verdicts and settlements that allowed people to receive compensation and damages for their expenses, lost income, pain and suffering, and other losses caused by malpractice. We have also filed wrongful death claims for the families of patients who died as a result of medical malpractice.
If your medical condition was not diagnosed in a timely manner, this could be medical malpractice and you could be entitled to compensation for the additional medical expenses and other losses you experience as a result. However, delayed diagnosis can be difficult to claim. An experienced Chicago based medical malpractice lawyer from Rapoport Weisberg & Sims P.C. can help pursue the accountability you deserve. Contact us today for your free case review.
What Is a Delayed Diagnosis?
A delayed diagnosis occurs when a diagnosis is delayed when sufficient information to make an accurate diagnosis earlier was available. Eventually, a healthcare provider makes an accurate diagnosis. However, harm may occur because the condition was not diagnosed when it should have been.
What Causes Delayed Diagnosis?
A delayed diagnosis can occur for various reasons, such as when a healthcare provider:
- Fails to recognize signs or symptoms
- Misreads diagnostic or laboratory test results
- Confuses symptoms of one condition with another
- Misinterprets tests, lab work, or test results
- Fails to investigate signs or symptoms
- Overlooks or dismisses symptoms
- Fails to administer appropriate tests
- Fails to order follow-up testing
- Miscommunicates or fails to communicate with other healthcare providers
- Understaffs hospitals or medical clinics
- Inadequately researches potential medical conditions
Was It a Delayed, Missed, or Wrong Diagnosis?
Delayed, missed, and wrong diagnoses are similar but have distinct characteristics. A missed diagnosis is one in which the patient’s condition is left untreated. It might worsen and progress, making it one of the most dangerous types of diagnostic errors.
A wrong diagnosis or misdiagnosis occurs when a healthcare provider diagnoses the patient with a medical condition but it is incorrect. The patient may receive treatment for a condition they do not actually have.
A delayed diagnosis involves a correct diagnosis, albeit later than should have occurred.
Is a Delayed Diagnosis Medical Malpractice?
A delayed diagnosis may be medical malpractice. Medical malpractice occurs when a healthcare provider fails to provide a patient with the standard of care that a reasonably careful health care provider should have provided under the circumstances.
To establish medical malpractice, you must be able to show that you suffered some harm. This harm could be additional pain and suffering, the lost opportunity to fight cancer during an earlier stage, additional medical expenses you incurred because the condition progressed, the metastasizing of a condition, or other harm. This harm must have been one that could have been avoided had the diagnosis not been delayed. Therefore, if the same harm would have resulted even if you received a faster diagnosis you would probably not have a medical malpractice claim.
What Do I Have to Prove in a Delayed Diagnosis Case?
To establish medical malpractice occurred because of a delayed diagnosis, you must be able to show your doctor should have done something different to properly evaluate and diagnose your condition, your doctor’s treatment fell below the applicable standard of care, which caused an avoidable delay in your diagnosis, and you suffered harm as a result.
Which Conditions Are Associated with Delayed Diagnosis?
Many medical conditions can be misdiagnosed or involve a delayed diagnosis. The healthcare provider may fail to order a proper diagnostic test, not follow up on test results, or fail to obtain enough information from a patient to accurately diagnose the condition.
Some medical conditions that are often associated with a delayed diagnosis include the following:
- Heart attack
- Stroke
- Blood clot
- Infection
The Harm of Delayed Diagnosis
Some may wonder whether they have an actionable claim against a healthcare provider who eventually gets the diagnosis right even if they initially delayed in reaching this conclusion. However, the harm that patients face when their healthcare providers fail to diagnose them in a timely manner can cause serious or even permanent or fatal consequences.
The potential harm of a delayed diagnosis will depend on the medical condition, the length of the delay, how progressive the condition is, and other factors.
Compensation for Delayed Diagnosis
If you suffer harm because of a delayed diagnosis, you may be entitled to compensation for the harm you suffer. This compensation could pay you for:
- Medical expenses, including hospital stays, doctor visits, MRI tests, radiological costs, and medications
- Medical expenses you are reasonably expected to incur in the future
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Disability
- Loss of normal life
- Disfigurement
- Emotional distress
- Anxiety, depression, and other psychological conditions caused by the error
Delayed Diagnosis FAQs
How Do I File a Delayed Diagnosis Claim?
If you suspect you have grounds to make a delayed diagnosis claim, it’s important you work with a lawyer experienced in handling these types of claims. These cases can be complicated because you not only have to show your healthcare provider’s mistake, but you must also be able to show the harm could have been prevented had the condition been diagnosed sooner.
Illinois requires you to provide a signed certificate from a qualified healthcare provider to substantiate your claim. This affidavit must contain specific information and be prepared by someone with specific knowledge and experience. An experienced medical malpractice lawyer can help you obtain this affidavit and prepare the legal filings to begin your claim.
Contact a Chicago Medical Malpractice Lawyer for Help with Your Delayed Diagnosis Claim
If you were harmed because your medical provider delayed your diagnosis, the Chicago injury lawyers at Rapoport Weisberg & Sims P.C. want to help you seek the accountability and compensation you deserve. We can review your medical records and the circumstances surrounding your case, explain your legal rights, and advise you of the next steps to take in your claim. Contact Rapoport Weisberg & Sims P.C. for a free, no-obligation case review.