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How Do You Prove Delayed Diagnosis?


Have you ever wondered, “how do you prove delayed diagnosis?” You’re in the right place to learn how to prove a delayed diagnosis.


Learn More:

Is a Delay in Diagnosis Considered Failure to Diagnose?

Is a False Diagnosis Considered Failure to Diagnose?

How Do You Know If You Have A Case For Medical Malpractice?


Video Transcript

Delays in a diagnosis can directly impact a patient’s chance of recovery and survival. The earlier an illness is diagnosed and treated, the better chance the patient has at recovery and survival.

The failure to diagnose health issues early can lead to more serious complications of the illness or even death. Incorrect or delayed diagnosis of an illness can cause a doctor or other hospital personnel to fail to order necessary tests, to order the wrong tests, to misinterpret test results, to fail to act on abnormal results or to choose an incorrect form of treatment or no treatment at all. If a doctor fails to identify a treatable health condition and the condition becomes worse, the patient may have a medical malpractice claim for delayed diagnosis where the Standard of Care has not been met.

0:27 Standard Of Care

The standard of care is not something that is necessarily written in a book or is available on a website, or perhaps something that you could establish by way of going to some group and getting a guideline. 

0:45 Delayed Diagnosis

The Standard of Care is established through opinion testimony from an expert who is doing the same type of work in a similar scenario and basically gives an opinion that most everyone in this scenario would have gone ahead and made a similar diagnosis. They might have done this lab test, they might have gotten this x-ray, they may have done this examination. Had these things been done, then the diagnosis would have been timely made. I have to mention, had the diagnosis been timely made, the individual would have not been damaged and there would be no case. 

1:21 Delay In Timely Diagnosis

You have to link by way of causation, that the delay in the timely diagnosis was not only the proximate cause, but also the cause and fact of the patient’s damages. So that’s the analysis, and again I hate to hammer it home, but I’m going to do it one more time.

1:35 What Your Case Needs

Knowledge, experience, and attentiveness to the case are very important. I know you’ll find that at LawMD.com. Most of our lawyers are also physicians.  As doctors, we understand the medicine in your case. As lawyers, we know how to use our medical knowledge to get justice for our clients. So again, I hope you will consider LawMD if you think you have been injured through a Delayed Diagnosis.  If you’re going to consider litigation of any kind, I would really encourage all of you to be sure you get someone who is going to devote the time, effort, and knowledge base to the case that it deserves.  LawMD is “The Right Medicine for Justice” and we are Nationwide Medical Malpractice attorneys that serve clients all over the country.



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