Delayed Diagnosis – Frequently Asked Questions (FAQs)
In many medical malpractice cases, the injured party is suffering from a condition that has worsened due to the negligence of the treating healthcare professionals in diagnosing the condition. A delayed diagnosis — whether the result of an earlier misdiagnosis or the result of a basic failure to order the correct diagnostic tests — can lead to severe exacerbation of an illness or condition to the degree that the condition is no longer curable. Ultimately, a delayed diagnosis can have life-altering consequences for the injured party.
Jason Matzus is a Pittsburgh misdiagnosis attorney who has a long track record of success in helping the victims of medical malpractice obtain compensation for their delayed diagnosis injuries. Here at Matzus Law LLC, we work with a dedicated medical team to assess your injuries and perform an expert investigation into how your condition was worsened by the diagnostic negligence of the treating healthcare professionals.
Q: Is there a deadline for filing my delayed diagnosis claim?
A: In the state of Pennsylvania, the statute of limitations period for filing a delayed diagnosis claim is two years, and it begins to run from the date of the malpractice event (i.e., when a healthcare professional failed to order a diagnostic test that was necessary at the time, or when a healthcare professional incorrectly diagnosed your condition). If you fail to bring a claim before the statute of limitations deadline passes, then you will be deemed to have relinquished your right of recovery. As such, it’s critical that you consult with a qualified attorney as soon as possible so that your claims can be assessed and litigated in a timely manner.
Q: When does a delayed diagnosis constitute a “mistake” and when does it constitute “medical malpractice”?
A: It can be rather difficult to separate acceptable mistakes from serious malpractice. In fact, a core issue in most delayed diagnosis lawsuits is whether the failure to properly diagnose the patient rose to the level of malpractice. Your delayed diagnosis lawsuit is likely to be successful if you can convincingly show that the healthcare professionals — who failed to properly diagnose you — violated their standard of care. The standard of care is a nebulous concept, but it is generally influenced by the professional’s training, specialization, and location, as well as by the condition itself.
Q: What damages am I entitled to recover as a result of my delayed diagnosis injuries?
A: Delayed diagnosis injuries may entitle you to recover damages for a variety of losses, including:
- Medical expenses
- Wage loss
- Loss of future earning capacity
- Emotional distress
- Pain and suffering
- And more
Q: In what ways might a healthcare professional have acted negligently in failing to accurately and — in a timely manner — diagnose me?
A: Diagnostic malpractice injuries can arise from a wide variety of negligent actions, including:
- Improper procedure when conducting a diagnostic test
- Incorrect test interpretation
- Failure to adequately examine patient
- Failure to order necessary diagnostic tests
- Delaying in ordering necessary diagnostic tests
- And more
Q: If the patient has died, can I sue the healthcare professionals who failed to properly diagnose their condition?
A: If the patient has died due to the negligence of a healthcare professional in providing a delayed diagnosis of their condition, then you may be entitled to sue the negligent parties for wrongful death. Wrongful death claims can be brought by certain surviving family members of the deceased patient, and damages may compensate the surviving family members for the funeral expenses, loss of financial support, loss of services, loss of consortium, loss of companionship, loss of guidance, and more.
Schedule a Free Consultation with a Pittsburgh Medical Malpractice Lawyer Today
At Matzus Law LLC, we understand the value of having both top-notch attorneys and experienced healthcare professionals available to guide you through medical malpractice litigation. Our healthcare experts will handle the medical side, helping to investigate and clarify issues relating to your condition and working closely with our attorneys, who will begin the process of litigation and develop effective strategies for financial recovery on your behalf.
Attorney Jason Matzus has more than 20 years of experience litigating Pennsylvania medical malpractice claims, including claims involving negligence in the misdiagnosis and delayed diagnosis contexts. If you have been injured due to the negligence of a healthcare professional in diagnosing your condition, then Pennsylvania law may entitle you to compensation. Call (412) 330-1006, or fill out the online contact form, to schedule a free consultation today with a skilled Pennsylvania delayed diagnosis attorney.