Doctors aren’t perfect. Far from it.
Especially when it comes to delayed diagnoses. They’re more common than you think — and they can have serious consequences.
Catching cancer early is treatable cancer. A delayed heart attack diagnosis can cost you your life.
But here’s what you should know…
There are specific steps you can take if you’ve suffered because of a delayed diagnosis. Steps that protect you and your family. Steps that fight for your rights.
Here’s what you’ll learn:
- What Is a Delayed Diagnosis?
- Why Delayed Diagnoses Are Dangerous
- Signs You May Have a Case
- What To Do After a Medical Mistake
- How an Attorney Can Help You Fight Back
- Questions to Ask Before Hiring Legal Help
Let’s dive in.
What Is a Delayed Diagnosis?
A delayed diagnosis is when your doctor took too long to diagnose you.
It’s different from a misdiagnosis. A misdiagnosis is when your doctor finds the wrong condition. With a delayed diagnosis, your doctor finds the right condition…just weeks, months, or years too late.
Delayed diagnoses make up 32% of all medical malpractice cases. They’re by far the most common cause of medical malpractice claims.
And they’re only going to keep getting more common as doctors continue to work rushed, stressful schedules.
If a loved one has been affected by a delayed diagnosis, they could be a medical malpractice victim — and a good delayed diagnosis lawyer can help them figure out exactly what happened, and what their next steps should be.
Why Are Delayed Diagnoses so Dangerous?
When it comes to medicine, timing is everything.
Finding out about cancer later gives it more time to spread. Missing a stroke diagnosis means more brain cells die every minute. Delaying an infection diagnosis, and sepsis becomes fatal.
Medical errors including delayed diagnoses caused approximately 23% of patients that were sent to ICUs or died during hospital visits to suffer harm. Diagnostic errors were found to be the cause of death of 10% of those patients.
Of those diagnostic errors, delayed diagnoses accounted for 17%.
That’s just not acceptable.
As you might imagine, most delayed diagnoses are the result of clinical failures. Whether a doctor orders the wrong tests, misreads results, or fails to refer a patient to a specialist when necessary.
What Are Signs You Have a Medical Malpractice Claim?
Sadly, not every negative outcome is medical malpractice.
But…
If any of the following things happen to you, or someone you know, it might be worth speaking to a lawyer.
- You were diagnosed months, weeks, or even days later than you should’ve been.
- Multiple doctors missed the same symptoms
- Your condition was only spotted by a specialist. And that delay resulted in harm.
- You required drastically different treatment because your condition got worse
- You got a second opinion that found a completely different diagnosis
Here’s the tricky part…
For a delayed diagnosis claim to have any merit, two things must happen.
First, your doctor must have failed to provide the proper standard of care. Second, that failure must have caused some form of measurable harm.
Without both, you cannot file a claim.
What Should You Do After You Believe There’s Been A Medical Mistake?
Want to know the truth about handling a potential medical malpractice lawsuit?
What you do next matters.
More specifically, what you DO or DON’T do next can literally make or break your potential case.
So let’s get into it.
Go Get a Second Opinion.
As soon as possible. Get checked out by another medical professional.
Not only will this ensure proper treatment is being received now. But it will also create an objective record of what the diagnosis should have been, and when.
Ask Your Doctor for Your Medical Records.
ALL of them.
From every provider seen during the process. Tests, charts, notes, referrals. Request every medical document related to your care.
This creates a timeline. A baseline of when each event occurred, and who was responsible for your care at the time.
This will be important later.
Take Detailed Notes.
Keep track of every appointment. Write down who was spoken to, and when.
Include what was communicated. When symptoms were first reported. When something was considered serious.
The more detailed the personal timeline, the better.
Don’t Talk About It On Social Media.
This should go without saying. But it’s surprising how many people shoot themselves in the foot by chatting about their case online.
Think of everything posted as public record. The insurance company’s lawyers could read those words later and twist them to suit their narrative.
How Can A Delayed Diagnosis Attorney Help?
Medical malpractice claims, especially delayed diagnosis lawsuits, are hard.
They require medical experts to testify about where the standard of care was not met. Which means an attorney needs access to top-notch medical professionals.
They also need to know medical malpractice law inside and out.
Taking legal action against a doctor does a few things:
- It allows access to seasoned medical experts who know exactly what to look for in the records
- It provides an advocate who knows medical malpractice law — which claims are valid, and which aren’t.
- Insurance companies know nearly 800,000 Americans suffer permanent harm or death each year due to diagnostic errors. They won’t want to take a case to court.
- Quality medical malpractice attorneys work on contingency. Which means they don’t get paid unless the case is won.
If handling this alone, at least consult with a lawyer first.
What Questions Should You Ask When Hiring An Attorney?
Just because there’s a consultation doesn’t mean hiring is required.
Every lawyer is different. And finding someone that fits the specific needs of the case matters.
Ask how long they’ve been practicing medical malpractice law. Whether they have experience with delayed diagnosis cases.
Find out who their medical experts are. And make sure they’re transparent about the case from the get-go.
Don’t be afraid to ask questions. If they’re a good attorney, they’ll have direct answers.
Most medical malpractice attorneys offer free, no obligation consultations. Take it. Bring the medical records, the personal timeline, and any communication with the provider. Come prepared, and use the consultation to see if there’s even a case worth pursuing. A quality attorney will be able to tell you.
Bottom Line: Fight Back Against A Delayed Diagnosis
Doctors make mistakes.
But that doesn’t mean rights shouldn’t be fought for.
If you were affected by a delayed diagnosis, there are options.
Here’s a quick checklist:
- Get a second opinion, ASAP.
- Request ALL medical records
- Write down a detailed personal timeline of events
- Don’t post about it online
- Contact a qualified medical malpractice attorney
Time is of the essence.
Medical malpractice lawsuits have a limited window in which they can be filed.
Don’t wait any longer than necessary.