Delayed Diagnosis and Potential Medical Negligence

The odds of surviving some medical conditions or responding to treatment often lie in your physician’s ability to detect the illness on time. While all ailments can benefit from early detection, delayed diagnosis can drastically worsen a patient’s outcome for certain illnesses. For example, people who have cancers, strokes, aneurysms, or internal bleeding may suffer life-altering injuries or fatalities if their condition is not diagnosed quickly.

If your health has worsened because your physician or healthcare provider failed to diagnose you early, you may be eligible for compensation. Come talk to our medical malpractice lawyers at Smith McBroom Injury and Accident Lawyers to discuss the possibility of filing a medical negligence claim or just figure out your next steps.

Leading causes of delayed medical diagnosis

Several factors can lead to a late medical diagnosis. Typical contributors include:

• A misinterpretation of your symptoms
• Failure to order the right imaging, fluid, or tissue tests or biopsies
• Wrong interpretation of test results
• Failure to take a patient’s symptoms seriously
• Assuming the patient’s condition is not as bad or urgent
• Not consulting a specialist or referring the patient to one
• A lack of effective communication between medical team members
• Medical or healthcare facility constraints
• An inclination to provide a new diagnosis based on a previous condition
• Ignoring the patient’s medical history

Additionally, some medical conditions are prone to late diagnosis due to how they present. Examples include pancreatic cancer, melanoma, stroke, brain tumors, brain bleeds, lung cancer, and heart attacks. These can present with very vague or generalized symptoms that doctors may rule out.

For instance, doctors may rule out lung cancer even when you have a persistent cough because you do not smoke or drink. Another scenario is a patient in top physical shape who is experiencing chest pain. Physicians may assume there is something else going on when the patient is having a heart attack.

A third example is ovarian cancer-linked bloating. In fact, doctors often miss or fail to diagnose certain illnesses on time because the symptoms resemble common illnesses. Also, patients may delay seeing a doctor because they are afraid or they feel like their symptoms will go away with time.

Whatever your situation, the bottom line is that late diagnosis often leads to worsened health issues, missed treatment windows, and dire outcomes, with some patients losing their lives in the process.

Can you file a medical negligence claim due to a late diagnosis?

Yes, you can. However, you must show that the medical practitioner’s failure to follow established standards of care caused the delayed diagnosis. Therefore, because of the late diagnosis, your condition became worse or you lost a chance of a better outcome, and you suffered significant damages.

Establishing a case of medical negligence due to a delay in diagnosis often requires you to prove the following elements:

• Duty of care: You must show that your doctor owed you a duty of care.
• Breach of duty: You must prove that, compared with a reasonably prudent health care provider in the same profession or class in Washington under the same or similar circumstances, they failed to diagnose your condition on time.
• Causation and damages: You must demonstrate that their late diagnosis was a proximate cause of your injury and you suffered significant harm or losses as a result.

Please note that a late diagnosis does not automatically mean that there was medical negligence. If you would like to be sure, a medical malpractice lawyer can help you determine if you have a valid claim and can file a medical negligence lawsuit to obtain the compensation you need.

What compensation is available to patients affected by late diagnosis?

Once you can prove that your healthcare provider failed to meet the required standard of care while diagnosing your condition, you can file a malpractice lawsuit. Under Chapter 7.70 of the Revised Code of Washington(opens in new tab), you can recover some or all of the following damages:

• Medical expenses for extensive treatments and ongoing care
• Lost income
• Reduced earning capacity
• Physical pain and suffering caused by the delay
• Emotional distress
• Loss of a chance of survival or a better outcome
• Reduced quality of life

Our medical malpractice lawyers can help you ascertain which damages you may recover, as well as any other compensation that you may be able to receive.

What is the process for filing a medical negligence case in Washington State?

Starting a legal proceeding against the persons responsible for your delayed diagnosis is pretty straightforward. Your medical negligence attorneys would typically:

• Gather vital evidence of the late diagnosis, including medical records, referrals, prescriptions, and scheduled tests
• Engage qualified medical experts to determine if the medical practitioner’s processes met the established standard of care.
• Prove that your doctor’s delay in diagnosis contributed to your declining health and other problems.
• File the claim in Superior Court in a county where the venue is proper.

Washington does not require a medical malpractice-specific pre-suit notice or certificate of merit before filing. However, separate tort-claim notice requirements may apply to claims against state or local governmental entities.

Our legal team at Smith McBroom Injury and Accident Lawyers can help you determine the best approach, based on your circumstances.

Filing deadlines for a medical malpractice suit

According to RCW 4.16.350(opens in new tab), medical negligence actions generally must be brought within three years of the act or omission alleged to have caused the injury or one year from when the patient discovered or reasonably should have discovered that the injury or condition was caused by the act or omission, whichever period expires later.

If you miss this deadline, the court may deny your claim, leaving you with no financial remedies. To make sure that your case still falls within the claims window, speak with our medical negligence lawyers at Smith McBroom Injury and Accident Lawyers.

Get legal help from an experienced Washington medical malpractice lawyer

When you go to the hospital seeking medical help, you expect your physician or healthcare personnel to carefully but urgently figure out what is wrong with you. If they dismiss your symptoms, fail to order the necessary tests, or act in ways that delay your diagnosis, you have a right to hold them accountable.

At Smith McBroom Injury and Accident Lawyers, our skilled medical malpractice lawyers are committed to helping you get the justice you deserve. We have helped Washington State residents who were victims of delayed diagnosis. Let us help you explore your legal options and figure out your next steps.

Call now or fill out our contact form to schedule a case evaluation.