A delayed diagnosis means that a patient’s medical condition was discovered later than it should have been based on the expected standard of care. Most medical conditions need to be detected, diagnosed and treated as soon as possible for the patient to experience a positive health outcome.
Even minor delays can lead to a worsened patient prognosis – making it vital for health care providers to properly identify ailments within a reasonable timeframe. If you are a victim of medical malpractice in the form of a delayed diagnosis in Minneapolis, contact a medical malpractice attorney from Goldenberg Lauricella, PLLC for a free evaluation of your case.
Why Choose Goldenberg Lauricella, PLLC?
- We are highly experienced medical malpractice attorneys local to Minneapolis, Minnesota. Our team has secured over $200 million in case results for clients, including a groundbreaking $29 million birth injury verdict.
- Our law firm has more than 40 years of experience in personal injury law, with an emphasis on medical malpractice. Our award-winning litigators are known for taking on the toughest cases – those other law firms reject.
- We represent clients in delayed diagnosis cases in Minneapolis on a contingency fee basis, meaning we don’t get paid unless our clients do. You will only be charged a fee if your medical malpractice claim ends in financial compensation.
How a Medical Malpractice Lawyer in Minneapolis Can Help
Handling a delayed diagnosis case on your own can be difficult, as these personal injury claims deal with complex medical subjects and evidence. Rather than risking the future of your medical malpractice claim with common mistakes, trust a qualified and knowledgeable attorney with your case to get the results you deserve.
As the plaintiff or filing party, it is your burden to prove that a physician should have diagnosed your condition sooner, and that this likely would have prevented the adverse health outcome you suffered due to the delay. This requires compelling medical evidence and legal arguments and often going up against a powerful medical organization or its insurance company.
A medical malpractice lawyer can take care of the complicated legal aspects of your case while you focus on rebuilding your life. Your lawyer can hire medical experts, collect relevant records and evidence, file your malpractice claim on time, and seek maximum financial compensation for your losses in or out of the courtroom.
What Is Delayed Diagnosis?
Delayed diagnosis occurs when a patient’s medical condition is identified after an unreasonable amount of time has passed from the patient’s first appointment. While doctors are not expected to make immediate diagnoses every time, they have a professional obligation to take certain steps to come to timely and accurate answers.
A proper medical diagnosis has several steps:
- Collecting the patient’s medical history
- Conducting a physical examination of the patient
- Listening to the patient’s symptoms and concerns
- Making a list of potential diagnoses
- Ordering the correct diagnostic tests to eliminate possibilities
- Narrowing down the list until arriving at the correct diagnosis (process of elimination)
- Referring the patient to a specialist or recommending a follow-up, when appropriate
A delayed diagnosis in medical malpractice law means that a health care provider detected or identified the patient’s illness, medical condition or injury later than what was reasonable based on the circumstances. What is “reasonable” depends on how long another physician in the same position would have taken to make an accurate diagnosis using ordinary prudence.
When Is Delayed Diagnosis Medical Malpractice?
If the evidence demonstrates that another physician most likely would have come to a quicker diagnosis – and therefore prevented harm the patient suffered due to delayed treatment – this can provide grounds for a medical malpractice claim in Minneapolis.
A medical malpractice claim in Minnesota has four key elements of proof:
- A doctor-patient relationship existed, giving the doctor a professional duty or obligation to meet a certain standard of patient care.
- The physician breached the duty of care by negligently delaying the diagnosis (or misdiagnosing or failing to diagnose the patient).
- The physician’s negligence caused or contributed to the patient’s injury; the harm occurred because of the diagnostic error.
- The patient suffered damages, or real losses, because of the delayed diagnosis. Examples include additional medical costs, lost wages, disability, and pain and suffering.
In general, these legal elements must be proven as more likely to be true than not. This is a lesser burden of proof than a criminal case’s burden of “proof beyond a reasonable doubt.” However, it can still be difficult to meet, as it requires clear and convincing evidence.
Common Reasons for Delayed Diagnoses
A diagnostic delay can happen for many reasons, not all of which constitute medical malpractice. If the delay reasonably could have been avoided, this is when a physician can be held accountable.
Common mistakes behind delayed diagnoses include:
- Missed symptoms
- Overlooked medical history
- Misread tests or imaging scans
- Poor medical team communication
- Failure to send the patient to a specialist
- Understaffing at a hospital or health care center
- Fatigued or overworked doctors
- Delayed follow-ups
If a delayed diagnosis was caused by the negligence of an individual physician, nurse or health care provider, he or she can be held independently responsible. However, hospitals and medical facilities in Minneapolis are often held vicariously liable for the malpractice of their staff.
Financial Compensation for a Harmful Delayed Diagnosis
If you or someone you love failed to receive the prompt treatment needed for a medical condition due to a delayed diagnosis, you may be eligible for financial compensation. With help from our attorneys, a medical malpractice claim could lead to a settlement or verdict that makes you whole again.
Common damages available are present and future medical expenses, additional medical care needed, lost wages, lost capacity to earn, loss of enjoyment of life, pain and suffering, emotional distress, and – if the patient passes away due to the medical error – wrongful death damages.
Request Your Free Delayed Diagnosis Case Review in Minneapolis Today
At Goldenberg Lauricella, PLLC, we have a reputation as attorneys who care. We are passionate about advocating for clients in Minnesota and around the country when it comes to shedding light on medical malpractice.
If you wish to discuss a potential delayed diagnosis claim in Minneapolis, don’t hesitate to contact us for a free initial consultation. Call our local line at (612) 333-4662 to schedule your meeting today.