Do You Have A Delayed Diagnosis Malpractice Case?

Medical Malpractice can take the form of Delayed diagnosisin certain instances. Unfortunately, there are those cases where a person goesin for care and is released, only to return to a much worse condition. And thiscould be where an underestimation of the severity of an illness can bedetrimental,

 NBC News reported the following findings:

" Most Americans will get a wrong or late diagnosis in theirlifetimes- attend with devastating effects."

According to the report:

  • Approximately 5 percent or more of U.S., adults whoseek outpatient care each year experience a diagnostic error.
  • Postmortem exams suggest diagnostic errors contributeto 10 percent of patient deaths.
  • Medical records indicate that diagnostic errorsaccount for 6 to 17 percent of hospital adverse events.

Delayed diagnosis occurs when a person seeks medical attention and the medical professional does not diagnose the actual condition.


To prove delayed diagnosis as malpractice, the patient mustbear the burden of proof in the following areas:

  1. They must prove there was a doctor-patientrelationship.
  2. The doctor must be shown to have been negligent.
  3. The patient must have been harmed in some way by thephysician's negligence.

Beyond those simple findings, other needs must be met to determine whether a situation has resulted in delayed diagnosis malpractice. In the following, paragraphs, Carpenter & Czelusta will go the distance to explain the terms of delayed diagnosis.

Expert testimony 

There almost always has to be a qualified expert on board incases involving delayed diagnosis. Furthermore, that expert must prove thedoctor should have been able to diagnose the condition property without delay.

Of course, doctors can make mistakes. After all, that is why it is called "practicing medicine." But in the case al medicalmalpractice, the patient must be ready to show the doctor's negligence caused harm. Examples of such damage include but are not limited to:


  • Loss of ability to enjoy life
  • Loss of capacity to earn wages
  • Pain and Suffering


These problems must be directly linked to the delay indiagnosis by the physician Let's get into some practical examples of this legal situation.

Medical malpractice in the one of delayed diagnosis can only to proven by the doctor violates the customary standard of care that a person deserves. There are some general examples of issues that could be tried as delayed diagnosis cases if they met all the criteria.

  1. A physician sees an abnormality in blood but chooses not to rder further testing.
  2. The lab work was lost, wrongly conducted, or confused with another's label.
  3. A person reports symptoms and the doctor writes them off assigns of a much less severe illness.
  4. When a doctor does not refer a patient to a specialist whenit is clear they should have.
  5. In the case that a doctor fails to ask questions or conduct necessary tests.

·       A patient seeks medical care for a severecough called to end up hours later in the hospital with pneumonia.

·        If a person seeks medical care for a lumpunder the aun and is dismissed as having a swollen gland that will go down onits own.

·        Then that same person is diagnosed withlate-stage cancer that could have been prevented at the first visit.

·        When a person is diagnosed with bladelesscancer, bus il in actuality ale cancer atal must be treated differently.

You see, there are many ways this negligence canend up hurting a patient. That is why a section of the law seeks compensation for those individuals.


Again, there are many ways a doctor can make mistakes. Theyare only human. But if they were negligent, there can be no excuse for the actions taken or not taken, in most cases. Here is a little of what might might look like in types of medical errors.

Diagnosing a Related Disease: The doctor diagnoses a related disease but not the correct one.

Delayed Diagnosis: A doctor eventually diagnoses the correct illness but took way too long, and now the damage has been done.

Failure to Recognize Further Complications: A doctor makes the correct diagnosis but does not identify complications and ends up harming,the patient further.

Misdiagnosis or Wrong Diagnosis: A doctor assigns the wron gdiagnosis to a patient.

Missed Diagnosis: This is when the doctor dismisses anyillness, and the person is, in fact, sick.

Unrelated Disease Diagnosis: The physician sees one diseasebut fails to see an unrelated sexual issue.


When you approach an attorney to consider one of these cases, they will determine your claim status. The law team will also inform youof the time you have to file the claim, as it varies from state to state.

Then your lawyer will need for you to obtain your medicalrecords. it is an excellent practice to keep copies of your medical recordsjust In case there is ever an issue you need to resolve quickly. Not waitingfor the reports to be printed by the doctor's office can help speed up thediagnosis or claims process.

Also, you will want to make sure you get the entirety of your medical records from the doctor in question today's medical records are storedon a computer, so make sure they give you a copy of all the files pertaining,to your health care.



Indeed, there are times when an "I am sorry" from your doctor or the doctor of a deceased loved one is not enough. A qualified attorney can let you know whether or not you have a case lot delayed diagnosesof medical malpractice. This portion of the low requires a high burden of proof on the patient. It enforces high professional standards on both the medical administration and the attorneys to get it right.

For those reasons, folks considering a delayed diagnosismedical malpractice case need to have the very best medical expert witnesses and the top trial lawyers in the field.

Carpenter and Czelusta guarantee personal attention,attention to detail, expertise in the field, and the highest internal andethical standards.


As experts in their fields, Carpenter and Czelusta pride themselves on responsiveness, dedication, and specialized knowledge in healthcare law. Carpenter and Czelusta have represented patients for a combined 32 years of unparalleled experience in the courtroom.

Our cases earned us a reputation for success here inFlorida.

Here are a few of the Delayed Diagnosis cases we have seen through to the end:

·        Delayed Diagnosis of Cancer

·        Missed Diagnosis of Lower Extremity Vascular Injury

·        Missed Diagnosis of Lower Extremity Vascular Blockage

·        Delayed Diagnosis of Heart Attack

·        Undiagnosed Internal Bleeding

·        Delayed Diagnosis of Stroke

·        Delayed Diagnosis of Lang Condition

·        Delayed Diagnosis of Spinal Fracture

·        Delayed Diagnosis of Infection

·        Delayed Diagnosis of Poeuronia

As we maintain a sense ofintegrity and professional ethics, our fina is dedicated to our clients'satisfaction. Both lawyers are committed to pursuing a fair trial as theycollaborate with experts and expert witnesses.

Rest assured, Carpenter andCoelusta understand the loss suffered by victims. They will champion your causeand gain your trust, If you've been misdiagnosed or had a deemed diagnosis of amedical condition, you may have a case. If you feel you or a loved one has beena victim of delayed diagnosis medical malpractice, contact us at Carpenter andCzelusta right away.




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