Trusted Philadelphia Delayed Diagnosis Lawyers With Over 65 Years Of Service
Early diagnosis can save lives. When doctors fail to diagnose a patient in a timely manner, they lose valuable treatment time. A delayed diagnosis can turn a treatable condition into a life-threatening one. At Astor Weiss Kaplan & Mandel, LLP, our attorneys handle delayed diagnosis cases throughout Philadelphia and Pennsylvania. We help victims hold negligent doctors accountable when diagnostic delays cause serious harm.
Understanding Delayed Diagnosis
A delayed diagnosis happens when a doctor fails to identify a medical condition within a reasonable time frame. Some conditions are more commonly subject to diagnostic delay than others, often because symptoms can be vague or easily mistaken for less serious problems. Common delayed diagnoses include:
- Cancer, especially breast cancer, lung cancer and colon cancer
- Heart attacks and other cardiac conditions
- Stroke and transient ischemic attacks
- Serious infections like sepsis and meningitis
- Blood clots and pulmonary embolism
- Appendicitis and other acute abdominal conditions
These conditions are time-sensitive. Every day of delay can mean the difference between full recovery and permanent harm. When doctors miss warning signs or demonstrate failure to diagnose, patients pay the price with their health.
How Delayed Diagnosis Harms Patients
The effects of a delayed diagnosis can be devastating. Patients often experience worse outcomes than they would have if their condition had been detected earlier. Common harms from delayed diagnosis include:
- Disease progression that could have been prevented with timely treatment
- Reduced treatment options and lower success rates
- More invasive or aggressive treatments needed to address advanced disease
- Permanent disabilities, organ damage or other serious complications
- Wrongful death in the most severe cases
The consequences of delayed treatment can last a lifetime.
Elements Of A Delayed Diagnosis Claim
Proving a delayed diagnosis claim requires showing several key elements. We must prove that:
- A doctor-patient relationship existed
- The doctor had a duty to diagnose your condition
- The doctor failed to diagnose the condition within a reasonable time
- This failure fell below the accepted standard of care
- The delay directly caused you additional harm
Under Pennsylvania law, you need to file your claim two years from when the injury took place. The discovery rule often applies in delayed diagnosis cases. This means the two-year period may start when you discover the delay rather than when it first occurred.
When Does A Delayed Diagnosis Become Medical Malpractice In Pennsylvania?
Not every delayed diagnosis constitutes medical malpractice. We must show the delay was unreasonable under the circumstances. This means comparing what your doctor did to what a reasonable doctor would have done. If a reasonably competent doctor would have diagnosed your condition earlier, the delay may constitute malpractice. We must also prove that the delay caused you additional harm beyond what you would have suffered with a timely diagnosis.
Contact Our Philadelphia Delayed Diagnosis Attorneys
At Astor Weiss Kaplan & Mandel, LLP, we have served the Philadelphia community since 1954. Our attorneys provide the guidance needed to pursue delayed diagnosis claims. Call us at 215-790-0100 or use this form to schedule a consultation and discuss your case.
