Delayed Diagnosis: What It Is and When You May Have Legal Options

A delayed diagnosis occurs when a medical condition is not identified within a reasonable amount of time. This can result from a variety of factors, such as missing or ignoring symptoms, diagnostic errors or a failure to follow up on tests or treatments.

In this blog, we will explore what constitutes a delayed diagnosis, how it can impact treatment and prognosis, and the legal options available for victims of this type of medical negligence. We will also highlight common conditions that are often misdiagnosed and offer guidance on the evidence needed to pursue a delayed diagnosis claim.

If you believe a delayed diagnosis has harmed your health, the knowledgeable team at The Law Offices of Peter T. Nicholl can help. Our Maryland medical malpractice attorneys have extensive experience managing these types of cases. If you have a case and decide to work with us, will work diligently to investigate your claim and ensure you receive the compensation you deserve.

Have Legal Questions? We have answers. Call for a FREE no-risk case review today. 410-220-5827

What Is a Delayed Diagnosis and When Does it Become Medical Negligence?

A delayed diagnosis happens when a medical condition is not identified in a timely manner, allowing the illness to progress and potentially cause more harm.

Causes for a delayed diagnosis may include when a doctor or other health professional:

• Misinterprets symptoms
• Fails to order the necessary tests
• Misreads test results
• Fails to follow up on important findings

If a doctor or medical professional makes an error or overlooks crucial information that any competent provider would have noticed, resulting in worsened health outcomes, it may be considered medical malpractice.

Understanding How a Delayed Diagnosis Impacts Treatment and Prognosis

A delayed diagnosis can have grave consequences on both a victim’s treatment and prognosis. When a condition is not identified early, a patient may not receive the appropriate treatment in time, allowing the illness to worsen or spread. For many diseases, like cancer, early intervention is critical in preventing long-term damage.

The longer a condition remains undiagnosed or misdiagnosed, the more difficult it is to treat, and the prognosis often becomes much worse. In some cases, a delayed diagnosis can lead to irreversible complications, more aggressive treatments and a significantly reduced quality of life. Early detection typically leads to better outcomes, so the failure to diagnose a condition promptly may severely limit a patient’s chance for a full recovery.

Conditions That Are More Likely to Be Misdiagnosed or Diagnosed Late

Certain medical conditions are more prone to being misdiagnosed or diagnosed late due to their subtle or overlapping symptoms. These conditions can often be mistaken for something less serious or more common.

• Cancer: Misdiagnosis of various cancers, such as ovarian, lung or pancreatic cancer, may occur due to vague symptoms that are easily attributed to other, less serious issues.
• Heart Disease: Symptoms like fatigue, shortness of breath or mild chest pain can be mistaken for other non-cardiac conditions.
• Lupus: The symptoms of this disease, which include joint pain and fatigue, often mimic other autoimmune diseases, making it more challenging to detect and diagnose this condition early.
• Stroke: A stroke can sometimes be mistaken for a migraine, seizure or other neurological conditions, delaying timely treatment.
• Infections: Conditions like sepsis or meningitis can initially present as mild infections, which are often misjudged as less severe illnesses.

What Evidence Do You Need to Prove a Delayed Diagnosis Claim?

Building a successful delayed diagnosis claim in Maryland requires demonstrating that your healthcare provider failed to meet the accepted standard of medical care, directly leading to harm or worsened conditions.

Your medical malpractice attorney understands the evidence that is needed to build a compelling case, ensuring all documentation aligns with Maryland’s strict filing requirements and statute of limitations.

Medical Records

Medical records that document symptoms, test results and the treatment history are essential in showing the timeline of events.

Expert Testimony

A medical expert will need to testify that the delay in diagnosis fell below the standard of care and led to worsened health outcomes.

Diagnostic Test Results

Test results such as lab reports or imaging studies that could have pointed to the condition earlier are crucial in proving the delay.

Patient Testimony

Statements from the patient or family members can help highlight missed symptoms, failed follow-up care or unaddressed concerns.

Comparison to Standard of Care

Evidence that compares the healthcare provider’s actions to what a reasonably competent provider would have done can demonstrate where the failure occurred.

How a Medical Malpractice Lawyer Can Benefit Your Claim

A medical malpractice lawyer can be instrumental in guiding you through the complex legal process of a delayed diagnosis claim.

Our highly qualified legal team has access to medical experts who can testify on your behalf. This is crucial, because medical experts play a pivotal role in delayed diagnosis cases by providing authoritative testimony about the standard of care in Maryland healthcare settings.

At The Law Offices of Peter T. Nicholl, we are prepared to negotiate with insurance companies on your behalf to fight for the full and fair the compensation you deserve. If your case goes to trial, we are always prepared to represent your interests and advocate your case in court.

Want to Understand Your Legal Options? Contact The Law Offices of Peter T. Nicholl

If you or a loved one has been affected by a delayed diagnosis and believes that medical negligence may be to blame, it is important to seek legal guidance as soon as possible.

Our experienced team will work tirelessly to investigate your case, gather the necessary evidence and fight for the compensation you deserve. Contact us today for a free consultation and take the first step toward securing your future. When we represent you, there are also no upfront costs or fees to pay.

Experienced Medical Malpractice Lawyers. No Upfront Costs: 410-220-5827