When you think about medical malpractice, you think of a doctor doing something wrong; however, sometimes medical malpractice happens, not because a doctor did something wrong, but because a doctor failed to take action at all.

Delayed diagnosis is an extremely common and dangerous form of medical malpractice. If you have ever gone to the emergency room, you know how long it takes to even see a doctor.

Medical treatment and diagnosis can be delayed for a number of reasons, including:

  • Understaffing
  • Miscommunication of hospital staff
  • Too many patients
  • Misinterpreted test results
  • Failure to perform the correct tests
  • Procedures performed incorrectly
  • Technology malfunction
  • Lost or switched lab results
  • Delay by other hospital employees
  • Failure to refer patients to the correct specialists

Not every delay in medical treatment and diagnosis rises to the level of medical malpractice. Delayed diagnosis becomes medical malpractice when it results in injury or stage of disease that is beyond what would have occurred with a timely diagnosis.

To determine if a delay in diagnosis is medical malpractice you have to ask yourself this question, “Would proper and timely diagnosis have prevented the patient’s injury and/or death?”

Delayed diagnosis cases are different than ordinary medical malpractice because the patient was already injured or sick when he or she came to the hospital. The doctor could not have prevented an injury or illness the patient was already suffering from, but if the doctor’s diagnosis could have stopped it from getting worse then he or she may be liable.

Delayed diagnosis cases are harder to prove than ordinary medical malpractice claims. To prove medical malpractice, you must prove the following:

1. The existence of a doctor/patient relationship.

2. The doctor breached the standard of care.

3. The doctor’s breach in the standard of care resulted in harm to the patient.

For delayed diagnosis cases, you must also prove that the harm suffered by the patient was worsened as the result of the delay in diagnosis.

I can help you prove that your doctor’s delay in treatment and diagnosis caused harm. I will investigate your doctor’s behavior, and whether he or she should have diagnosed you sooner based on the circumstances.

I will also help you prove that the damage you suffered would have been prevented if he or she acted in accordance with the standard of care of a reasonable, competent doctor. Medical malpractice can be extremely difficult to prove, and that is why you shouldn’t try to do it alone. As your Ohio Medical Malpractice Lawyer, I’ll be there for you, and I’ll Make Them Pay!®

If you or a family member feel like you might have been harmed by a doctor’s delayed diagnosis, you have to call me right away at 1 (877) 944-4373.

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.



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