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Delayed Diagnosis Attorneys


Delayed diagnosis is when there is a time delay between a patient seeing a doctor and the correct diagnosis of the patient’s condition. Delayed diagnosis and other failures to diagnose or misdiagnosis are common causes of medical malpractice lawsuits. Delayed diagnosis of any kind is particularly problematic in situations where a prompt diagnosis leads to a higher cure rate. Many malpractice cases regarding a delayed diagnosis are either due to a failure to diagnose symptoms or the mismanagement of diagnostic tests. A medical malpractice attorney or delayed diagnosis attorney can help you with your legal claim.

Malpractice lawsuits from failure or delayed diagnosis occur mostly in terms of dollar value from conditions; such as, heart attacks, breast cancer, appendicitis and lung and colon cancer. However, these are not the most common undiagnosed conditions but are simply the ones that lead to the most rapid and highest damages. Serious conditions of diabetes and hypertension are very commonly undiagnosed but do not lead as rapidly to severe injury and as such, do not necessarily lead to large dollar awards in malpractice lawsuits.

Misdiagnosis of a serious illness, such as cancer, can lead to devastating consequences and can be fatal. If you or a loved one has suffered because of a doctor’s misdiagnosis or a delayed diagnosis, you deserve maximum compensation. 

Who Can Sue

You can and should pursue a medical malpractice claim with the help of a medical delayed diagnosis lawyer against each of the medical professionals whose negligent actions have caused injuries to you or a loved one. There could be a single individual or several persons responsible. Determining negligence involves a thorough investigation into the facts of the case and comparing the performance of that professional to others in the field. Because of this complicated process, it is also important to hire a personal injury attorney. In a misdiagnosis or delayed diagnosis, it is imperative that you have expert witnesses who can provide testimony related to the proper course of treatment.

There are several reasons why a misdiagnosis can occur, including errors by doctors, specialists and mistakes on laboratory tests. A delayed diagnosed attorney can inform you of your rights and help you pursue the correct course of action.

Medical Malpractice lawyers and delayed diagnosis attorneys who are skilled in the malpractice field are accustomed to working with top experts in all the medical specialties and are generally able to recover significant settlements for their clients. Medical experts, provided by your accident attorney specializing in medical malpractice or delayed diagnosis attorney, will review your case and note what shortcomings and mistakes were made in your treatment.

In a case where serious harm has been caused by negligent failure to provide a timely diagnosis of a potentially serious or life-threatening illness, you can seek maximum compensation with the aid of a medical malpractice lawyer. While the potential for recovery is strong, you must provide proof of negligence through expert medical testimony.


Interesting Facts

Although there is a general belief that misdiagnosis is quite common, there is a scarcity of accurate statistics on the subject. This happens as a result of patients who present only anecdotal accounts of their experiences. Whereas, there are many studies on errant drug events, there is a relative lack of misdiagnosis studies. Defend your rights, speak with one of our delayed diagnosis lawyers.

A study of Patient Safety Incidents (PSIs) by HealthGrades found that “Failure to Rescue,” meaning failure to diagnose and treat in time was the most common cause of a patient safety incident, with a rate of 155 incidents per 1,000 hospitalized patients. Unfortunately, the study did not further breakdown statistics into the types of misdiagnosis, delayed diagnosis and other factors.

The National Patient Safety Foundation (NPSF) commissioned a phone survey a few years ago to review patient opinions about medical mistakes. Of the people reporting a medical mistake, 40% reported a misdiagnosis or treatment error, but did not separate misdiagnosis from treatment errors. Respondents also reported that their doctor failed to make an adequate diagnosis in 9% of the cases. The result of these studies is so ambiguous that interpretations put misdiagnosis at anywhere between 9% and 40% of troublesome or errant cases. The majority of lawsuits from such cases involve delayed diagnosis and delayed treatments. Talk with a delayed diagnosis attorney or a medical malpractice lawyer if you have questions regarding your possible case.

Misdiagnosis rates in the Emergency Room and the Intensive Care Units tend to be higher, coming in at 20% to 40% due to the frequent crisis atmosphere in those units. ER and ICU unit studies are considered to be more reliable, since they are based on the number of lawsuits, as well as reporting by the institutions.

In many cases, failure to diagnose can be caused by health professionals simply not listening to patients. By not taking symptoms seriously, doctors miss important information and fail to perform necessary tests and diagnostic studies.

It is also hard to know how many cancer fatalities could have been avoided if a proper and prompt diagnosis of a malignancy had been made in time to save a patient’s life. What makes many forms of cancer dangerous is the risk that it will spread through the body and attack tissues or organs that are especially vulnerable or difficult to treat. A timely diagnosis can be just as important as an accurate diagnosis to save a patient’s life. Contact a medical malpractice lawyer or delayed diagnosis lawyer if you feel you are a victim of a medical malpractice.


Potential Recovery
  • $2.1 million in a wrongful death verdict after a four-year-old boy was admitted to an area hospital for respiratory distress from pneumonia and attending doctors did not evaluate the boy’s condition in time to save him.
  • $1,000,000 settlement in a wrongful death trial was awarded to a middle aged Illinois man, hospitalized for several days following emergency surgery. The doctor rightfully ordered steps to prevent the formation of clots, but the nurses didn't follow his orders and the man died of a pulmonary embolism.
  • $800,000 pre-trial settlement for an infant who sustained injury during delivery. The hospital agreed to the payment after complications during the delivery were misdiagnosed and the baby was left permanently injured with nerve damage and a paralyzed arm.
  • $750,000 settlement in delayed diagnosis of a four year old girl with rhabdomyosarcoma, is a very treatable cancer if caught early, went misdiagnosed.  The child’s bladder was eventually removed as a result.
  • $1.4 million dollar medical malpractice settlement for the relatives of a woman who died from cardiac dysrythmia during a routine colonoscopy. No heart monitor was prescribed and no diagnosis was made of her heart palpitations to prevent this tragedy.
  • $750,000 permanent injury-pretrial settlement was awarded to a Georgia boy who broke his arm and developed a blood clot. Despite the clear signs, his doctors missed the syndrome, and the boy had to have his arm amputated.
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