CHICAGO, IL – When you seek medical care, you trust that your healthcare provider will accurately and promptly diagnose your condition. Unfortunately, diagnostic errors are alarmingly common in the U.S. and incorrect or delayed medical diagnoses can have catastrophic consequences.
What is a Delayed Diagnosis and is it Considered Malpractice?
A delayed diagnosis occurs when a medical professional fails to diagnose a medical condition in a reasonable and timely manner. In many cases, these errors constitute medical malpractice. For a case to be considered medical malpractice, you must prove:
- Duty of care: You had an established doctor-patient relationship and your healthcare provider owed you a professional duty of care.
- Breach of duty: The doctor or another healthcare professional failed to follow the accepted standard of care, leading to a delayed diagnosis.
- Causation: The doctor’s delayed diagnosis directly caused you harm.
- Damages: The delayed diagnosis resulted in quantifiable damages, such as increased medical expenses, lost wages, pain and suffering, and other losses.
When there is a significant delay in diagnosis, a patient’s condition may worsen, leading to more serious health complications, the need for more aggressive treatment and even a reduced chance of survival.
The Causes and Consequences of Delayed Diagnoses
The Causes and Consequences of Delayed Diagnoses
Diagnostic errors are far too common in the U.S. healthcare system. Reasons may include misinterpreted test results, failure to order appropriate tests, miscommunication among healthcare providers, failure to consider all possibilities and patient errors.
Delayed or misses diagnoses can be devastating for patients and their families. Consequences may include progression of disease, need for more aggressive treatment, reduced quality of life, increased medical bills, lost income and earning potential, emotional distress and wrongful death.
Diagnostic errors contribute to 10% of patient deaths and account for 6-17% of adverse events in hospital settings (National Library of Medicine). Another study found that diagnostic errors affect an estimated 12 million Americans each year in ambulatory care settings alone.
Medical Conditions that Lead to Delayed Diagnosis Lawsuits
Delayed or missed diagnoses can occur in any situation, but some medical conditions are particularly prone to diagnostic error, including:
- Cancer: Delayed cancer diagnosis cases are among the most common, especially cancers with better survival rates if found early.
- Heart disease and stroke: Accurate and timely diagnosis is critical to prevent heart attack, stroke damage and complications.
- Infections: Certain infections like sepsis require swift diagnosis and treatment.
- Autoimmune disorders: Disorders like lupus and rheumatoid arthritis are often misdiagnosed, leading to unnecessary suffering.
- Fractures and spinal cord injuries: Failure to properly diagnose and treat broken bones or spinal trauma can lead to permanent impairments and chronic pain.
- Appendicitis: Misdiagnosing appendicitis as a less serious condition can result in rupture, sepsis and potentially fatal complications.
What to do if You Suspect a Delayed Diagnosis
After discovering your medical provider failed to promptly diagnose you, it’s essential to take prompt action to protect your health and your legal rights. Follow these steps:
- Seek medical attention
If you are experiencing symptoms or have concerns about your care, seek a second option from another qualified medical professional. Follow their recommended treatment plan and attend all follow-up appointments. - Gather documents
Obtain copies of your medical records, including doctor’s notes, test results, imaging studies and any communication with your healthcare providers. This evidence will be critical in evaluating your potential medical malpractice claim. - Contact a medical malpractice attorney
Reach out to an experienced medical malpractice lawyer who can review your case, explain your legal options and help you navigate the complex legal process of filing a claim. Search for an attorney with a proven track record of success in handling delayed diagnosis lawsuits.Through the process, it’s important to act promptly. Medical malpractice claims are subject to strict statute of limitations, and failing to file your claim within the applicable deadline could bar you from recovering compensation, so don’t delay in seeking legal guidance.
The Dinizulu Law Group offers free case evaluations to patients who have been harmed by medical negligence or wrongful death. Our team of compassionate lawyers can help you understand your rights and options, and they’ll fight to hold negligence healthcare providers accountable.
Medical Malpractice Lawyers in Chicago, Illinois
Medical malpractice cases are notoriously complex and the Dinizulu Law Group has decades of combined experience successfully litigating these cases. We have the resources, skill and dedication to evaluate your situation, assemble a strong case, handle complex issues, counter insurance companies’ tactics and take your case to trial, if necessary.
If you or a loved one has been harmed by a doctor’s delayed diagnosis, you may be entitled to compensation for your economic and noneconomic damages, including:
- Past and future medical bills related to the delay in diagnosis and treatment.
- Lost wages and reduced earning capacity if you’re unable to work.
- Pain and suffering for the physical and emotional anguish you’ve endured.
- Loss of quality of life and enjoyment of activities.
- Disability, disfigurement and permanent impairment.
- Wrongful death damages if your loved one died due to the delay.
While recovering fair compensation is a daunting task, it’s made exponentially easier with the help of a medical malpractice attorney from the Dinizulu Law Group. Call us at (312) 384-1920 to fill out this form to get started today!
