Delayed Diagnosis: When Is It Medical Malpractice?

Many people trust their doctors to catch and treat conditions early, but when they don’t the results can be catastrophic. Delays can lead to a worsening of the condition or a missed window for treatment, potentially putting the patient’s life at risk.

If you’ve found yourself in a situation where your medical condition was missed or misdiagnosed, you might wonder, Can you sue a doctor for missing a diagnosis? The answer is yes, in certain cases. A delayed diagnosis can form the basis for a medical malpractice claim, but not every delay will meet the legal standard. Below,  the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo discuss when a delay in diagnosis is considered malpractice.

What Is a Delayed Diagnosis?

A delayed diagnosis happens when a doctor fails to identify a condition within a reasonable amount of time, causing harm to the patient. This may involve anything from cancer to heart disease to infections. The delay may occur because a doctor overlooks symptoms, misinterprets test results, or fails to order necessary tests. The longer the delay, the greater the risk of complications for the patient. For instance, cancer that is caught early may be treatable, but if diagnosed later, the chances of survival may drop significantly.

Can You Sue a Doctor for Missing a Diagnosis?

Not every delayed diagnosis is medical malpractice. The key question is whether the doctor acted negligently, meaning they did not provide the standard of care expected of a reasonably skilled medical professional in the same situation. If a delay occurs despite following reasonable practices, it may not be grounds for a lawsuit. But if the delay resulted from a doctor’s failure to do what most competent professionals would have done, you could have a case.

First, the patient must establish that a doctor-patient relationship existed, which is generally straightforward in most medical situations. Next, they must show that the doctor was negligent in providing care. This negligence must have directly caused the harm or injury that worsened the patient’s condition.

For example, if a doctor fails to order a test that most other physicians would have ordered based on your symptoms, and that test would have identified a serious condition early, the doctor may be liable. However, even if there is a delay, the patient must prove that this delay led to specific harm, such as a decline in health or a more invasive treatment later on. In other words, the missed diagnosis must have negatively impacted the patient’s prognosis or quality of life for a lawsuit to be valid.

Do I Have a Delayed Diagnosis Case?

Medical malpractice cases are not always easy and knowing whether your case qualifies can be difficult. Consulting with a medical malpractice lawyer in NYC or New Jersey can help you understand your rights and legal options. A delayed diagnosis lawyer can help investigate your claim, obtain medical records, and work with experts who can testify about whether the care provided met acceptable medical standards.

For those who have experienced a worsened condition due to a delayed diagnosis, the law provides the opportunity to seek compensation for medical bills, lost wages, pain and suffering, and ongoing care costs. 

Determining whether a delayed diagnosis rises to the level of malpractice depends on several factors. First, was the delay unreasonable, given your symptoms and the care you received? Could another medical professional have reasonably been expected to catch the issue sooner? And most importantly, did the delay directly lead to harm that could have been prevented with an earlier diagnosis? Consulting with a medical malpractice lawyer can help you make that determination.

If you suspect a delayed diagnosis has negatively impacted your health, it’s important to reach out to a lawyer as soon as possible. Medical malpractice cases are time-sensitive, and evidence can become more difficult to gather as time passes. Seeking legal advice early ensures that you’re within the statute of limitations and that your case is prepared thoroughly.

Contact an Experienced NYC Medical Malpractice Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.