Diagnosis error suits basically include two different types: misdiagnosis and delayed diagnosis. Both these occurrences can have adverse and even life-threatening effects on the patient and call for aggressive legal action if further injury or sickness is inflicted.
Misdiagnosis: this occurs when a doctor believes that a patient has a condition that they actually do not have. Not only can patients then be subject to treatment or surgeries they do not need, but their actual ailment is then allowed to advance and further endanger their health.
Delayed diagnosis: this occurs when a patient exhibits telltale signs of a particular ailment but does not receive treatment due to their doctor’s inability or refusal to identify the ailment. By the time a proper diagnosis is reached, the patient has often unnecessarily suffered due to the untreated (or undertreated) ailment.
In both cases, it is crucial that plaintiffs can demonstrate that their medical treatment would have been handled differently (and correctly) by other doctors.
The reality is that a delay isn’t enough to warrant a medical malpractice suit, and it certainly isn’t enough to win one. If a doctor is able to correct the consequences of their error or of the slower-coming diagnosis, there is (legally speaking) no reason to sue them. Knowing this, you do not have grounds for a medical malpractice suit if you make a full recovery and do not experience serious medical complications, diminished quality of life, or other adverse, long-term effects of the delayed diagnosis.
In many cases, delayed diagnosis of serious conditions (such as cancer, tumors, etc.) can result in staggering personal and financial costs, including (but not limited to):
If you do experience long-term, negative effects as a result of a delayed diagnosis (and that damage could have been prevented by a more timely or immediate diagnosis), you may have a viable claim for medical malpractice.
At Gruenberg Kelly Della, we know what it takes to form a medical malpractice case and help you recover maximum compensation. Our legal professionals know how to work alongside corroborating medical professionals to thoroughly demonstrate that the danger posed to our clients was done so unnecessarily and that proper compensation should be paid.
Gruenberg Kelly Della is ready to hear your story. Contact us today to schedule a free and confidential consultation.