If you or a loved one has experienced harm due to a delayed diagnosis, you might wonder: Is this medical malpractice?
Kline & Specter, PC, is a nationally recognized law firm based in Philadelphia, specializing in catastrophic injury and medical malpractice claims. With over 50 attorneys, including five physician-attorneys, the firm brings unparalleled expertise to complex cases involving delayed diagnoses.
What Is Delayed Diagnosis in Medical Malpractice?
A delayed diagnosis occurs when a healthcare practitioner fails to identify a medical condition within a reasonable timeframe. This failure then results in harm that could have been prevented with earlier detection.
Not every delay constitutes malpractice, but when the delay stems from negligence – such as misreading test results, failing to order necessary tests, or not recognizing symptoms – it may be grounds for a malpractice claim.
When Does a Delayed Diagnosis Become Malpractice?
For a delayed diagnosis to be considered malpractice, several elements typically must be present:
- Duty of care: A doctor-patient relationship existed, establishing a duty of care.
- Breach of standard of care: The provider did not act as a reasonably competent practitioner would under similar circumstances.
- Causation: The breach directly hurt the patient.
- Damages: The patient suffered significant harm, such as severe physical pain, worsened health, ongoing emotional distress, additional medical bills, or loss of income.
The attorneys at Kline & Specter have handled numerous delayed diagnosis cases. For example, in a $33.1 million case, Tom Kline proved that a clerical error between a doctor and a mammography company led to a patient’s breast cancer going undetected for eight months.
The firm also won $3 million for a Philadelphia woman who suffered nerve damage because of a missed colon cancer diagnosis. Our attorneys proved that a 22-month delay allowed her cancer to progress from a localized tumor to a Stage III tumor.
Seek Accountability for Delayed Diagnosis
Do you believe a delayed diagnosis has caused harm to you or a loved one? If so, it’s crucial to seek the advice of experienced legal counsel.
Kline & Specter’s team is dedicated to securing justice and fair compensation. Call 215-772-1000 or submit our form to discuss your unique situation.
Kline & Specter provides free and confidential evaluations of potential cases. Kline & Specter handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm works with local attorneys in each state as applicable.
