Many malpractice suits arise from the missed or delayed diagnosis of a medical condition. When a doctor’s error leads to incorrect treatment or delayed treatment, the patient’s condition can become worse, and can even result in death. This doesn’t always include misdiagnosis.
However, a misdiagnosis itself is not evidence of malpractice. Even the best doctors can and will make diagnostic errors. The key is determining whether the doctor acted in accordance with the local standard of care. In a malpractice case based on this kind of error, the patient must prove that a doctor in a similar specialty, under like circumstances, would not have misdiagnosed the patient’s illness or condition.
The patient must also prove that the doctor’s misdiagnosis or delayed diagnosis caused the patient’s injury or caused the condition to get worse. For example, because of a delayed cancer diagnosis, the patient had to undergo a more severe treatment regimen (such as chemotherapy) or the patient died because the cancer had metastasized and no longer responded to treatment. Sometimes a patient can show harm even if the condition can still be treated.
Virginia Missed & Delayed Diagnosis Attorneys
In the rare case that a doctor diagnoses a patient with a condition or illness that the patient does not have, the patient may also be able to prove harm in the form of anxiety, stress, medical problems and expenses due to unnecessary treatment.
We handle medical malpractice cases involving misdiagnosis or delayed diagnosis of: