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How Does a Delayed Diagnosis Differ From a Misdiagnosis?

Whether due to injury or illness, when we go to the doctor, we expect to have our issues identified and, to the extent possible, alleviated. An incorrect or delayed diagnosis can be incredibly harmful, causing subsequent issues. As such, the following blog explores what you should know about incorrect and delayed diagnoses and the importance of working with an experienced Indian River County diagnosis errors lawyer to help you explore your legal options to fight for the justice you deserve.

What Is the Difference Between a Delayed Diagnosis and a Misdiagnosis?

While delayed diagnosis and a misdiagnosis are both diagnosis errors that can result in harm, they are fundamentally different. A misdiagnosis occurs when a doctor diagnoses a patient with the wrong condition. For example, it would be a misdiagnosis to conclude that a patient was suffering from a bowel obstruction (blockage) when the patient had a bowel perforation (tear).

A delayed diagnosis occurs when a doctor correctly diagnoses a patient’s condition, but only after a significant time has passed. This can be the result of overlooking certain symptoms, failing to order important tests, or ignoring a patient’s medical history.

Misdiagnosis and delayed diagnoses can occur in tandem, of course, for example when a doctor’s initial misdiagnosis leads to a delay in the correct diagnosis.

How Do These Harm Patients?

A misdiagnosis and a delayed diagnosis both present a risk of serious harm.

A delayed diagnosis harms patients because it allows the injury or illness to progress, untreated. Not only does this leave the patient in continual pain and discomfort, but it can also grow worse with time. For example, if a doctor fails to recognize signs that a patient has cancer or signs of sepsis, the disease may progress such that it can no longer be controlled or requiring more invasive and harmful treatment with the attendant permanent consequences.

A misdiagnosis, on the other hand, can also delay the treatment of your ailment, ultimately resulting in the progression of your injury or illness. However, because there is an (incorrect) diagnosis, the doctor may begin treating you for a completely different condition, which can result in additional harm. For example, some patients whose ailments are misdiagnosed receive completely unnecessary and sometimes permanently harmful medical procedures. In addition to delay, an improper intervention violates the core physician responsibility to Do No Harm.

Do I Have a Medical Malpractice Claim?

If you have reason to believe you or a loved one has been the victim of a delayed diagnosis or misdiagnosis, it’s important to understand your legal options. Generally, in order to prove that medical malpractice has occurred, you’ll need to show that four different elements are present. These are as follows:

  • Duty: The doctor owed you a duty of care, as there was a patient-doctor relationship
  • Breach of Duty: The doctor breached their duty to meet the standard of care for your treatment
  • Causation: This breach of duty has resulted in harm
  • Damages: The harm you’ve suffered as a result of the breach of duty has resulted in losses, like medical bills or pain and suffering.

In addition, Florida law imposes many strict legal and procedural requirements on a claim for medical malpractice. Some of these are the subject of other blogs.

Navigating the harmful aftermath of a delayed diagnosis or misdiagnosis can be incredibly overwhelming. That is why it’s imperative to connect with an experienced attorney with Ullian Trial Law to explore your legal options. Our team knows how overwhelming and complicated these matters can be to navigate, especially while healing. That is why we are committed to helping you fight for the compensation you deserve. Contact us today to learn how we can represent you in the fight for justice.

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