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When a disease goes unidentified, it can have severe consequences for a patient. When a doctor or medical staff member fails to understand or even notice symptoms, the patient may have little or no time to recover without permanent effects on their health.

When a diagnostic delay injures a patient or causes their death, the medical staff involved may face a medical malpractice claim. If this has happened to you or a close relative, a Lexington delayed diagnosis lawyer can help you understand your options. One of our failure-to-diagnose attorneys can review your case and explain your next steps.

Factors Leading to a Delayed Diagnosis

Doctors, nurses, and other medical staff perform complex work, with many potential points of failure. A doctor or medical team may fail to correctly diagnose a disease or injury for a variety of reasons, including:

  • Fatigue, which studies show increases the likelihood of medical errors
  • Implicit bias, such as preconceptions about women’s health or minority patients
  • Poor communication between staff and coworkers, causing them to lose crucial information
  • Overcrowding or understaffing in clinics or hospitals, causing delays in waiting rooms and labs
  • Poor-quality procedures and workflow, which can confuse staff and make their work more difficult
  • Cognitive bias, including fixed assumptions about how a disease should present or what may be wrong with a patient

When a clinic, hospital, or other institution contributes to a failure to diagnose, it may face a medical malpractice lawsuit under state law. An injured patient may have the right to seek compensation for their injuries, and the relatives of a patient who has died may be able to bring a wrongful death claim for their own losses. A Lexington attorney familiar with diagnostic error claims can provide guidance on your case.

How Can a Medical Malpractice Lawyer Help After a Delayed Diagnosis?

After a delayed diagnosis, a medical malpractice lawyer can review a patient’s records to determine what happened, assess their legal rights, and advocate for them in negotiations or in court. However, the case must meet certain requirements under state law. A patient or their family must file a medical malpractice claim within one year. The law may allow additional time for minors or for those who did not discover the injury right away.

The patient must also obtain an expert witness—typically another doctor—who can provide a statement confirming there is a reasonable basis for the lawsuit. A Lexington attorney can help file the missed diagnosis claim on time and arrange for the required medical assessment and Certificate of Merit.

Our medical malpractice attorneys understand how doctors work and the standards they must meet when treating their patients. When a doctor, nurse, or hospital fails to meet the applicable standard of care, an injured patient may have a claim against them. The standard of care that applies depends on the specific facts of the case. Our attorneys work with qualified experts who can evaluate those facts and clearly explain whether the provider met the standard.

Speak With a Lexington Misdiagnosis Attorney for Help Today

A delayed diagnosis often brings deep frustration and anger, especially if you suspected what was wrong. Serious harm can result when health care workers do not listen to patients. As medical malpractice attorneys, listening is our responsibility, and we build our work around it. We want to hear your story and your perspective, and we are ready to help protect your rights.

Your consultation is free, and we do not take fees until the case is settled or we win your lawsuit. Call the Circeo Law Firm today to schedule an appointment at our office. A Lexington delayed diagnosis lawyer is available to discuss your situation.

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