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Key Takeaways
- A failure to diagnose claim generally requires showing that another medical professional with the same training would have caught the condition in time.
- Common failure-to-diagnose cases include missed cancer diagnoses, delayed infection treatment, and other conditions where earlier diagnosis would have changed the outcome.
- Compensation can include both economic damages (medical bills, lost income) and non-economic damages (pain and suffering).
- Shelsby & Leoni offers free consultations for Delaware failure to diagnose claims.
Failure to diagnose a condition or a disease is a common form of medical negligence, often resulting in devastating consequences. Cancers, Lyme disease, and autoimmune disorders like diabetes are among the conditions most often involved in failure-to-diagnose cases. Many of these lawsuits arise from healthcare provider negligence, such as failing to obtain a thorough patient history or neglecting to perform critical diagnostic tests like labs, biopsies, bloodwork, X-rays, MRIs, or CT scans.
What Is Considered a Failure to Diagnose?
A key element of a failure to diagnose medical condition lawsuit, or any standard medical malpractice case, is proving that another medical professional with the same training and skillset would not have made the same mistake. Some conditions are difficult to diagnose, so if another professional would have struggled with the diagnosis, it’s likely not malpractice.
In other words, you must show that:
- the medical professional failed to diagnose and treat the condition appropriately, and
- their failure resulted in losses
When a diagnosis like this is missed or comes too late, it can make treatment harder and hurt your chances of recovery. An experienced failure-to-diagnose lawyer at Shelsby & Leoni can investigate what happened, gather the medical proof needed to hold healthcare providers accountable, and fight for the compensation you deserve while you focus on your health.
Common Types of Failure to Diagnose Cases
You may file a failure to diagnose or a delay in diagnosis lawsuit against individuals and/or entities that failed to provide the right care for a given condition. Here are some common cases our failure to diagnose attorneys have experience with:
Cancer
Cancer can present with symptoms that don’t fit a textbook pattern, but providers still have a duty to order the right screenings and follow up on concerning results. When a provider dismisses cancer symptoms or fails to order appropriate testing, and the delay allows the disease to progress, that failure can support a malpractice claim.
Heart Attack
Heart attack symptoms aren’t always the classic chest and left-arm pain, especially in women, and providers are expected to recognize the less obvious signs, like upper back pain or heartburn. When a provider fails to identify these warning signs and doesn’t provide urgent care as a result, that failure to act may be grounds for a claim.
Aneurysm
An aneurysm is a weakening in an arterial wall that can rupture and cause internal bleeding. Providers who fail to identify risk factors or order the appropriate imaging, allowing an aneurysm to go undetected, may be liable for the resulting harm.
Stroke
Stroke treatment is highly time-sensitive, and providers are expected to recognize warning signs quickly. When a provider fails to identify and act on stroke symptoms in time, putting the patient in danger, that delay can support a negligence claim.
Fetal Distress
During labor and delivery, providers have a duty to monitor the fetus for signs of distress, including oxygen levels and heart rate. When that monitoring doesn’t happen and a preventable injury like cerebral palsy results, the provider or hospital may be liable.
Asthma
Asthma requires prompt, accurate diagnosis and management. When a provider fails to diagnose or properly manage the condition, and that failure diminishes a patient’s quality of life or ability to work, it may support a claim for damages.
Infections
Providers have a duty to treat infections before they escalate into system-wide complications like sepsis. A failure to diagnose infection lawyer can evaluate whether a delay in treatment fell below the standard of care and help you pursue the compensation you’re owed.
Fractures
Hairline fractures in particular can be easy to miss without proper imaging. When a medical professional fails to diagnose a fracture in time and the patient suffers further harm as a result, they may have grounds to file a negligence claim against that professional and/or the hospital.
Pulmonary Embolism
A pulmonary embolism requires fast recognition and treatment once a patient presents with symptoms. Providers who fail to act quickly enough to manage a clot before it becomes life-threatening could be held liable for the outcome.
Surgical Injuries
Not every injury that occurs during surgery amounts to medical malpractice, since surgery inherently carries risk. But when a provider could have prevented the injury and didn’t, they may be held liable. These surgical error claims can involve preventable infections, wrong-site surgery, improper positioning, or anesthesia errors, such as an incorrect dose or inadequate monitoring of vital signs.
Meningitis
Meningitis can lead to serious, lasting complications if not treated promptly. When a provider fails to diagnose it in time, that delay can support a malpractice claim.
Spinal Abscess
A spinal abscess can cause permanent nerve damage or paralysis without fast, appropriate treatment. When a provider fails to recognize and treat it in time, that failure may be grounds for a claim.
Compartment Syndrome
Acute compartment syndrome can be fatal without immediate treatment. When a provider fails to recognize and treat it promptly, resulting in permanent injury, that failure may support a negligence claim.
Autoimmune Conditions
Autoimmune conditions like type 1 diabetes, celiac disease, and multiple sclerosis require prompt diagnosis to avoid serious complications. When a provider fails to recognize these conditions, or provides treatment that causes more harm, that may be grounds for a malpractice claim.
Internal Bleeding
After physical trauma, providers have a duty to run the appropriate tests to rule out internal bleeding. When that doesn’t happen and the patient’s condition worsens as a result, the provider’s failure to test may support an internal bleeding claim.
When Should I Hire a Lawyer for My Failure to Diagnose Case?
You should ideally start looking for legal assistance as soon as you suspect medical malpractice. Delaware’s statute of limitations (or deadline) for filing failure to diagnose cases starts running the moment that you notice an injury, so getting immediate help can protect your right to file a claim. Remember that hospitals have legal teams that will do everything possible to minimize your case and refrain from paying you what you deserve.
Your claim will be significantly stronger with a medical malpractice law firm by your side. Filing a lawsuit early also grants your attorneys sufficient time to work on building a robust case.
Compensation You Might Be Eligible For In Failure to Diagnose Lawsuits
When filing a failure to diagnose lawsuit with the help of a medical malpractice lawyer, you can sue for both economic and non-economic damages. Economic damages cover several financial losses you may have sustained, beginning with medical expenses like hospital bills, medication costs, and therapy fees.
In some cases, you may need to make changes to your home or vehicle to accommodate certain physical disabilities that are the result of malpractice. These may also be included in economic damages.
Wrongful Death Compensation
If the failure to diagnose led to a loved one’s wrongful death, you might be eligible to receive compensation to cover funeral costs, as well as other bills connected to a loved one’s passing. If the person offered services like childcare, you might be able to claim the cost of hiring someone to perform those tasks.
Non-Economic Damages
A failure to diagnose medical malpractice attorney can also help you recover non-economic damages from the negligent parties. These are losses that don’t come with a quantifiable price tag, which means they’re more subjective and must be negotiated properly by an experienced lawyer. Examples of non-economic damages may include pain and suffering from a worsening health condition, loss of enjoyment of life compensation, and/or loss of consortium to compensate you for the loss of support and companionship from a loved one.
Do You Have a Case? Reach Out to Our Delaware Failure to Diagnose Attorneys For Help
Failure to diagnose medical issues are some of the most common grounds for medical negligence lawsuits. In cases like these, several elements need to be present for your case to have merit.
At Shelsby and Leoni, our attorneys understand the complexities of such cases. We can prove that the doctor, surgeon, oncologist, or hospital did not provide an adequate level of care, and that deviation from the standard of care resulted in injury or illness. We know how to show that the negligent actions of your provider played a direct role in your injury or illness.
We never shy away from the courtroom. If it’s in your best interests to pursue litigation, we will do so. You can reach us online or contact us to schedule an appointment at our Delaware offices in Wilmington and Dover. All case evaluations are free, and we charge no fees if we do not recover for you.
Frequently Asked Questions About Delaware Failure to Diagnose Claims
What counts as a failure to diagnose in Delaware?
A failure to diagnose claim generally requires showing that another medical professional with the same training and skillset would have correctly identified your condition. This can include missed cancer diagnoses, delayed infection treatment, and other conditions where a timely diagnosis would have led to a better outcome.
What's the statute of limitations for a failure to diagnose claim in Delaware?
In Delaware, you generally have two years from the date of the malpractice to file a claim. If your injury wasn’t discovered right away, Delaware’s discovery rule may extend that deadline, but no claim can be filed more than three years after the malpractice occurred, except in limited cases involving a foreign object left in the body or fraudulent concealment by the provider. Because these deadlines are strict, it’s important to speak with a failure to diagnose lawyer as soon as possible to confirm how much time you have.
Who can be held liable for a failure to diagnose?
Liability isn’t always limited to the individual provider who missed the diagnosis. Depending on the circumstances, a hospital, medical group, or other healthcare facility may also be responsible, particularly if inadequate staffing, training, or protocols played a role. An experienced attorney can help identify every party who may be liable in your case.
What's the difference between a misdiagnosis and a failure to diagnose?
A misdiagnosis happens when a provider identifies the wrong condition. A failure to diagnose happens when a provider doesn’t identify any condition at all, despite symptoms or test results that should have prompted further investigation. Both can support a medical malpractice claim if they fall below the accepted standard of care.
What compensation can I recover in a failure to diagnose case?
Compensation may include medical expenses, lost income, pain and suffering, and other damages tied to how the delayed or missed diagnosis affected your health and recovery. In cases resulting in death, compensation may also be available through a wrongful death claim.
How much does it cost to hire a failure to diagnose lawyer?
We handle failure to diagnose cases on a contingency-fee basis, meaning there’s no upfront cost to you, and we only get paid if we recover compensation on your behalf.
What's your track record with Delaware failure to diagnose cases?
Shelsby & Leoni has secured significant results in cases involving delayed and missed diagnoses, including a $4 million settlement after a hospital sent a patient home undiagnosed, resulting in the loss of a kidney. Prior results do not guarantee a similar outcome in your case.
