When people experience pain or other unpleasant symptoms that suggest the existence of an illness, it is common for them to have an instinctive feeling that something is not quite right. When they visit their medical provider, they will likely trust their doctor’s opinion completely.
If they get told that they have nothing to worry about, or if they get told that they have a non-serious, benign condition that can be managed through medication, they will have no obvious reason not to believe this diagnosis.
However, if the symptoms persist or the patient’s condition deteriorates, more investigations will need to be done. If a more serious or even terminal illness is later diagnosed, the patient will likely have to engage in a new course of treatment.
This delay in diagnosis could lead to a worsened prognosis for the patient. This is because the condition could have progressed in the time between the first medical appointment and the establishment of the correct diagnosis.
If you or your loved one has suffered due to a delayed diagnosis, you may be able to engage in a medical malpractice claim. The following is an overview of what you will need to do in this process.
Show that there was a negligent delay in diagnosis
Sometimes, a correct diagnosis in the early stages of a disease is simply impossible, because the adequate technology to do so is not possible. In other cases, symptoms could be so diverse and incongruent that the medical professional is not able to arrive at a diagnosis quickly. In both of these cases, medical malpractice is probably not present.
However, if a doctor fails to conduct the appropriate tests that would be an obvious choice for a competent doctor, this could be perceived as negligent. Therefore, in this case, a medical malpractice claim could be made.
Show that damages were suffered
It is not possible to make a medical malpractice claim if no damages were suffered as a result. You could give evidence that your illness progressed due to your delayed diagnosis, or that pain and suffering were caused unnecessarily. Take action and hold your medical provider liable for any suffering they have caused you due to negligent practices.