Delayed Diagnosis Medical Malpractice Cases
In this Legal Minute Video, TWWHB partner, Scott Barnes, will discuss the damages that can result from a delayed medical diagnosis and the complexities that arise when a medical issue was not diagnosed immediately. The key thing to remember is that we—as your attorneys—have to prove the delay absolutely mattered because medical providers defend these cases by saying the issue was going to be a problem no matter when it was diagnosed. Sorting that out and proving the damages caused by the delay requires expert analysis, expert testimony, and a law firm that understands and has a proven track record for skillfully handling these complex issues.
We have included the complete script for the video below. If you believe you have a potential medical malpractice claim and you would like to talk to Scott or any of our attorneys about your rights, do not hesitate to give us a call and schedule a free consultation.
QUESTION:
What is a “delayed diagnosis” medical malpractice case?
ANSWER:
So, one of the types of cases that we get a lot of calls about are cases that involve “delayed diagnosis” where initially the person goes to get treatment for some sort of issue. Maybe it's a potential cancer issue. Maybe it's an orthopedic issue. Maybe it was an infection. And it doesn't get diagnosed, but then at some point down the road a diagnosis occurs.
Maybe there was a delay of six weeks. Maybe it was six months. Maybe it was a year. The key thing in these cases to understand is that while they can seem on the surface like they're slam dunks—“Oh, it's obvious there was a delay caused, the doctor missed this issue”—these cases get incredibly complex because one of the key things we have to prove is that the delay absolutely mattered.
Frequently in these cases defendants look at them and they defend these cases by saying: “Hey, the underlying issue, or the underlying problem, was always going to be a big problem in the person's life regardless of the delay.” That's an issue that requires expert analysis, expert witness testimony, and a law firm that really knows how to look out for the different issues involved with delay in diagnosis cases.