How Does Delayed Diagnosis Factor Into Medical Malpractice Cases?

Scartelli Olszewski P.C.

When you think about medical malpractice, you may picture some of the more egregious cases that make the news. If a nurse administers a dangerous dose of medication or a surgeon makes a major mistake in the operating room, the results are often obvious immediately.

But what about when a medical provider takes too long to diagnose a health condition? Do you still have the right to seek compensation for your injuries? In this post, the medical malpractice lawyers at Scartelli Olszewski, P.C., discuss the role of delayed diagnosis in medical malpractice claims.

What Is Medical Malpractice?

Not all mistakes constitute malpractice. Instead, courts measure the medical provider’s actions against the expected standard of care. This means they look at how others with similar training and experience act in similar circumstances.

Healthcare providers have a higher standard to protect people from harm than many other professionals. Similarly, medical specialists often have a higher standard of care than general practitioners. Providers failing to meet their duty of care may be liable for medical malpractice.

What Qualifies as a Delayed Diagnosis?

Delayed diagnosis is a type of misdiagnosis in which a doctor takes longer than they should to identify your medical condition correctly. No specific time frame qualifies as a delayed diagnosis in all situations.

For example, if you have a slow-developing disease, a delay of a few days may not affect the outcome of your condition. However, a delay of just a few hours (or even minutes) in the emergency room could be fatal. To determine whether a delay constitutes medical malpractice, courts will consider how quickly a provider with similar training would have made the diagnosis.

When Is Delayed Diagnosis Medical Malpractice?

Not every delayed medical diagnosis is proof of malpractice. Some conditions are more difficult to diagnose, and some patients don’t visit doctors when they first experience symptoms. If you fail to seek a medical evaluation or don’t follow up on treatment, you may not have a case.

Instead, the delay must be caused by your provider’s failure to meet the applicable standard of care. To qualify for compensation via a medical malpractice claim, you must prove the following elements:

The delay was due to medical negligence. For example, your physician failed to act on your symptoms or even gave you a clean bill of health despite obvious symptoms.
The delay was preventable. For example, your doctor could have diagnosed your condition sooner by ordering the proper testing.
The delayed diagnosis caused harm. For example, your cancer metastasized or your loved one passed away. Harm can also include having to undergo more invasive or expensive medical treatment.

If you are uncertain whether your situation qualifies as medical malpractice, contact a medical malpractice lawyer to review your case details.

What Are Some Examples of Delayed Diagnosis Medical Malpractice?

You may have a medical malpractice case based on delayed diagnosis in the following situations:

Your doctor disregarded your symptoms.
Your physician conducted the wrong tests.
A medical provider misinterpreted your test results.
A laboratory lost or confused your lab work.
Your primary care doctor failed to refer you to a specialist.
Your healthcare providers did not properly communicate with each other.

Contact a Pennsylvania Medical Malpractice Attorney Today

If you suffered serious health complications, had to undergo more intensive or expensive treatment, or lost a loved one due to medical negligence, contact Scartelli Olszewski, P.C., today. As skilled medical malpractice attorneys, we will fight for your rights and help you seek compensation for your losses.

Call us today at (570) 346-2600 or contact us online to schedule a confidential consultation. Our knowledgeable team will evaluate your case to see whether you qualify to file a delayed diagnosis medical malpractice claim.