What Are Delayed Diagnosis Claims and How Do They Work?

When you visit a doctor, you trust them to diagnose and treat your medical conditions promptly. This trust forms the foundation of the doctor-patient relationship. However, when healthcare providers fail to diagnose a serious condition promptly, the consequences can be devastating.

Delayed diagnosis occurs when a medical professional fails to identify a patient’s condition within a reasonable timeframe, allowing the disease or injury to progress unnecessarily. This delay can transform a treatable condition into a life-threatening situation, leading to permanent disability, worsened health outcomes, or even death.

The impact extends beyond physical harm. Patients and their families often face mounting medical bills, lost income from inability to work, and immense emotional distress. When delayed diagnosis results from medical negligence, victims have the right to seek compensation through legal action.

At Lenahan & Dempsey, we have been helping victims of delayed diagnosis and failure to diagnose cases for over 75 years. Our extensive experience has shown us firsthand how delayed diagnosis claims work and what it takes to secure justice for those who have been harmed by medical negligence.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient. Not every medical error constitutes malpractice — the law recognizes that medicine involves inherent risks and that even skilled professionals can make mistakes. To establish a successful medical malpractice case, four key elements must be proven:

• Duty of Care: A doctor-patient relationship existed, creating a legal obligation for the healthcare provider to deliver competent medical care.
• Breach of Standard of Care: The healthcare provider failed to meet the level of care that a reasonably competent medical professional would have provided under similar circumstances.
• Causation: The healthcare provider’s negligence directly caused or significantly contributed to the patient’s harm.
• Damages: The patient suffered actual harm, whether physical, financial, or emotional, as a result of the negligence.

These elements form the foundation of delayed diagnosis claims, where the breach typically involves failing to recognize symptoms, order appropriate tests, or make a timely diagnosis.

Delayed Diagnosis Claims: How They Work

Filing a delayed diagnosis claim requires careful preparation and extensive documentation. The process begins with a thorough investigation of your medical records to identify where the healthcare system failed you.

Your legal team will review all medical documentation, including doctors’ notes, test results, imaging studies, and treatment records. This review helps establish a timeline of events and identifies critical moments where proper diagnosis should have occurred.

Professional Testimony

Professional medical testimony plays a crucial role in these cases. Medical professionals in the relevant medical practice must review your case and provide opinions on:

• What is the standard of care required in your situation
• How the defendant healthcare provider deviated from that standard
• Whether an earlier diagnosis would have led to better outcomes
• The extent of harm caused by the delay

Evidence Gathering

Evidence gathering extends beyond medical records. Your legal team may collect testimony from treating physicians, medical literature supporting your case, and documentation of your damages, including medical expenses, lost wages, and pain and suffering.

The strength of a delayed diagnosis claim often depends on demonstrating that obvious symptoms were present or that reasonable diagnostic steps were not taken. For instance, if a patient presented with classic heart attack symptoms but was discharged without appropriate cardiac testing, this could form the basis of a strong claim.

Common Examples of Delayed Diagnosis

Certain medical conditions are unfortunately prone to delayed or missed diagnosis. Cancer represents one of the most serious categories, where early detection can mean the difference between successful treatment and terminal illness. Breast cancer, lung cancer, and colorectal cancer are frequently misdiagnosed or diagnosed late, often because symptoms are attributed to less serious conditions.

• Heart attacks and other cardiac events are sometimes misdiagnosed, particularly in women, younger patients, or those whose symptoms don’t fit the classic presentation. When chest pain is dismissed as indigestion or anxiety, precious time is lost for life-saving treatment.
• Strokes require immediate intervention to minimize brain damage. When symptoms like confusion, weakness, or speech difficulties are attributed to other causes, patients may miss the critical window for effective treatment.
• Serious infections such as meningitis or sepsis can rapidly become life-threatening. When fever and other symptoms are dismissed as minor viral infections, patients may suffer permanent damage or death.
• Blood clots in the lungs (pulmonary embolism) or legs (deep vein thrombosis) can be fatal if not treated promptly. These conditions are sometimes misdiagnosed as muscle strains or other minor problems.

Compensation in Delayed Diagnosis Cases

Victims of delayed diagnosis may be entitled to various forms of compensation, depending on the severity of their injuries and the impact on their lives. 

• Economic damages cover quantifiable financial losses, including past and future medical expenses related to the delayed diagnosis and its consequences.
• Lost wages represent another significant component of economic damages. This includes not only income lost during treatment and recovery but also reduced earning capacity if the delayed diagnosis resulted in permanent disability or limitations.
• Non-economic damages address the intangible harm suffered due to a delayed diagnosis. Pain and suffering compensation recognizes the physical discomfort, emotional distress, and reduced quality of life resulting from the negligence. This category also includes loss of enjoyment of life and mental anguish.
• In cases involving permanent disability or disfigurement, compensation may account for the long-term impact on the victim’s daily activities, relationships, and overall well-being. The calculation of damages considers factors such as the patient’s age, life expectancy, and the extent of harm caused by the delay.
• Family members may also be entitled to compensation for loss of consortium, which addresses the impact on relationships and the loss of companionship, support, and intimacy resulting from the delayed diagnosis.

Statute of Limitations

Pennsylvania law imposes strict time limits for filing medical malpractice claims, including delayed diagnosis cases. Generally, you have two years from the date you discovered (or reasonably should have discovered) the injury and its connection to medical negligence to file your claim.

This discovery rule recognizes that patients may not immediately realize they were victims of medical negligence. For instance, a cancer patient might not learn their condition could have been diagnosed earlier until consulting with another physician or receiving a second opinion.

However, Pennsylvania also imposes an overall statute of repose, which sets an absolute deadline regardless of when the injury was discovered. In most cases, claims must be filed within seven years of the negligent act, though exceptions exist for foreign objects left in the body and certain other circumstances.

These time limits underscore the importance of consulting with an experienced medical malpractice attorney as soon as you suspect a delayed diagnosis may have occurred. Waiting too long can forfeit your right to seek compensation, regardless of the strength of your case.

How Lenahan & Dempsey Can Help

Our success in winning hundreds of millions of dollars for our clients has led to judges and our peers voting us for inclusion in The Best Law Firms in America, where we are listed as a Tier 1 Law Firm — the highest rating possible. Eight of our lawyers are listed in Best Lawyers in America, and eight are listed as Pennsylvania Super Lawyers.

Three attorneys, including Firm President John Lenahan Jr., Managing Partner Timothy Lenahan, and Attorney Matthew Dempsey, are listed in The Top 100 Lawyers in Pennsylvania out of over 48,000 Pennsylvania lawyers.

Timothy Lenahan is also Best Lawyers in America’s Top Insurance Lawyer for his representation of the injured fighting against large insurers for the region of Northeastern/Central Pennsylvania and the Pocono Mountains. He has previously been named Best Lawyers Top Personal Injury Lawyer for that region for his work fighting for the rights of injured people.

We understand that delayed diagnosis cases require extensive medical knowledge, significant resources, and the ability to stand up to powerful healthcare institutions and insurance companies. Our team has the experience to handle the most challenging cases and the determination to fight for the full compensation you deserve.

Taking Action After a Delayed Diagnosis

If you or a loved one has suffered harm due to a delayed diagnosis, time is of the essence. The sooner you act, the better your chances of preserving critical evidence and building a strong case.

Don’t let healthcare negligence go unanswered. The consequences of delayed diagnosis can be life-altering, but you don’t have to face them alone. Our experienced legal team has the background and resources to win the most challenging cases.

Contact us today to schedule a free, no-obligation case evaluation.