When you’re facing a serious health issue, timely diagnosis can be the difference between effective treatment and irreversible damage. Unfortunately, delayed diagnoses occur more often than many realize, leading to worsened conditions, prolonged suffering, and even loss of life.
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 50Â 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.
