A delayed diagnosis happens when a doctor doesn’t identify a patient’s medical condition within a reasonable amount of time, and that delay ends up causing harm. The key point here is that the delay was preventable. If the doctor had been more careful, paid closer attention, or followed up when they should have, the diagnosis could have come much earlier.
Now, there are plenty of reasons why a diagnosis might be delayed. Sometimes it’s because a hospital is understaffed. Other times, test results are mishandled or overlooked. Maybe the doctor rushed through the appointment and missed key symptoms, or maybe your concerns were dismissed altogether.
Patients who suffer because of those mistakes have the right to explore their legal options for delayed diagnosis and seek compensation for the harm done.
How a Delayed Diagnosis Can Harm You
The effects of a delayed diagnosis can be life-changing. Some diseases, like cancer or infections, move fast. Catch them early, and treatment might be simple and effective. Catch them late, and suddenly you’re facing aggressive treatments, permanent damage, or even a drop in survival odds.
A delay can also mean more pain, longer recovery times, emotional stress, and huge medical bills. You might miss work or even lose your ability to earn a living altogether. In the worst cases, especially with serious conditions like stroke, heart disease, or sepsis, the result can be death.
Medical research shows just how serious this issue is. Every year, diagnostic errors affect about 12 million Americans in outpatient care alone. In hospitals, they’re behind 10% of patient deaths and make up around 6–17% of serious adverse events. On top of that, these errors cost billions.
Between 2010 and 2019, over $42 billion was paid out to victims of malpractice, with an average payout of $242,000. So, if you’re dealing with a delayed diagnosis, you should know that this is something the legal system takes very seriously.
How Do You Prove It Was Malpractice?
To bring a medical malpractice claim for delayed diagnosis, you have to show that the delay wasn’t just a mistake, but a failure to provide the standard of care expected from a medical professional. And most importantly, you must prove that the delay caused real harm, harm that could have been avoided if you’d been diagnosed properly the first time around.
There are a few key elements here. First, you need to show that a doctor-patient relationship existed. That part is usually simple. Then you must show that the doctor (or medical provider) was negligent. That’s where the real work begins. You’ll need to demonstrate how they failed to meet the standard of care. For example:
- Did the doctor ignore your symptoms?
- Did they fail to order necessary tests?
- Were test results misread or never followed up on?
- Did they skip reviewing your medical history?
- Did the lab make an error, and did the doctor fail to catch it?
Any one of these things might be considered negligence. But that’s just the first step.
Next, you need to prove causation, that the delay directly caused you harm that wouldn’t have happened with a timely diagnosis. Maybe your cancer progressed to a late stage, requiring more invasive treatment.
Or maybe an untreated infection spread and caused permanent damage. Whatever the case, the link between the delay and the harm must be crystal clear.
Furthermore, to prove that harm was caused by the delay, you’ll likely need expert testimony. Medical experts can explain what should have been done, how your provider fell short, and how a proper diagnosis could have prevented the suffering you experienced.
This testimony is often the backbone of a malpractice case. Without it, it can be incredibly hard to win.
Not All Mistakes Qualify for a Malpractice Claim, Though
Unfortunately, not every delayed diagnosis is grounds for a lawsuit. Some conditions are difficult to spot right away. Maybe symptoms didn’t show up until later, or maybe the doctor followed all the right steps but still didn’t catch it in time.
The law doesn’t punish doctors for every error, only for avoidable ones caused by carelessness or failure to act properly.
So, if your doctor took the time to investigate your symptoms, ordered the right tests, and referred you to specialists, but it still took a while to get a diagnosis, that’s probably not malpractice.
On the other hand, if you told them something was wrong and they dismissed you, or ignored clear signs, then you may very well have a case.