Can you make a claim over a delayed diagnosis?

On Behalf of | Oct 24, 2019 | failure to diagnose

You had been coughing for weeks, so you finally went to the doctor to find out what the problem was. After a number of tests, they tell you to go home and wait for lab results. Those results never come. Several weeks later, you remember that you had tests performed and call to find out what they said.

You learn that your doctor knew for the last several weeks that you had an unusual appearance on the X-ray. You could have pneumonia, or it could be something much worse. Regardless, you didn’t get any information about it for several weeks past when the results came back.

Fast-forwarding to now, you know that you have lung cancer thanks to a biopsy that was ordered, and it is a quick-progressing form. You wonder if an earlier diagnosis would have helped you find the cancer sooner and seek treatment more efficiently.

You may have a case if a doctor’s mistake leads to the progression of a disease and injuries that could have been avoided

You may have a case against the medical provider who failed to give you the test results if you can show that the delay resulted in injuries. There are two kinds of lung cancer, and the treatments that they require vary. Finding the cancer quickly is the best way to limit the spread and to help you avoid a terminal illness.

If the cancer has gone through metastasis, then you may now have cancer in other parts of your body, like your bones or brain. Once lung cancer spreads beyond the lungs, it is difficult to control and may not be curable.

Delayed diagnoses like you’ve had can limit your options when it comes to cancer treatment. Since cancer can spread quickly and spread beyond the initial point of origination, it can be hard to control it once it reaches the blood or lymph system. While you may be able to seek chemotherapy or other treatment options, finding cancer earlier is what gives you the best chance of being cured.

Failing to give a patient serious results is a problem. Even if a doctor calls once, they should also be sending results in the mail or reaching out again if they don’t hear from you. There is no excuse for allowing a patient to go without test results that they need to make decisions about their health in the future.


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