When medical professionals fail to uphold their duties, a delayed diagnosis could occur. In medical malpractice, a delayed diagnosis has the potential to cause just as much damage as a misdiagnosis, since losing valuable treatment time could mean life or death in numerous medical conditions.

If a delayed diagnosis negatively impacted you or your loved one, you may benefit from consulting with a Newburgh delayed diagnosis lawyer. A seasoned medical malpractice attorney could assess your case and help you pursue compensation for the injuries you sustained as a result of your doctor’s negligence.

Elements of a Successful Delayed Diagnosis Case

A delayed diagnosis can occur with any condition or disease, but they occur more commonly in certain circumstances over others. Conditions frequently resulting in a delayed diagnosis include cancer, infections, heart disease, stroke, pulmonary embolism, meningitis, appendicitis, autism, and multiple sclerosis.

In order to recover damages on a plaintiff’s behalf, a Newburgh delayed diagnosis attorney must be prepared to demonstrate several points in the injured patient’s case. Regardless of whether the case goes to court, an attorney must have sufficient evidence to prove the elements of negligence to litigate a case successfully, which are as follows:

  • The doctor or other medical professional had a duty to provide a reasonable standard of care to the plaintiff
  • The doctor or medical professional violated this duty
  • The violation of that duty led to the plaintiff’s injuries
  • The plaintiff incurred damages because of their injury

Parties That May Be Liable

As with many other injury cases, a delayed diagnosis claim may have multiple defendants who are potentially liable for the damages incurred by the plaintiff. Depending on the circumstances, potential defendants in such a malpractice case could include:

In some cases, the court also may find the plaintiff liable for a portion of their damages. For instance, a patient may not have disclosed all of their symptoms to their physician or failed to answer the doctor’s questions honestly when the medical professional was first diagnosing their patient. However, it is important to note that for the court to consider a plaintiff’s liability in their own injuries, the defense attorney must first bring up this argument.

If the judge or jury rules that the plaintiff is partially liable, they may assign the injured party a degree of fault. With the help of a skilled delayed diagnosis lawyer in Newburgh, a plaintiff may still be able to recover or settle for the portion of their damages for which they are not liable.

Help from a Dedicated Newburgh Delayed Diagnosis Attorney

A delayed diagnosis could lead to many different damages and a lifetime of suffering for the patient and their family. They may experience additional medical expenses, lost wages, and pain and suffering as a result of receiving a late diagnosis.

If a medical care provider negligently causes you to suffer injury as a result of a late diagnosis, a Newburgh delayed diagnosis lawyer could help you hold that medical professional accountable. Call an attorney today to set up an initial consultation.