The Question:
Does a misdiagnosis count as malpractice if the doctor eventually found the right problem, but it was months late?
The Short Answer:
Yes, it frequently does. In medical malpractice law, “eventually” is often not good enough.
A misdiagnosis or delayed diagnosis becomes malpractice if the delay caused the patient’s condition to worsen significantly, resulting in a more difficult treatment, permanent injury, or a lower chance of survival. This is legally known as the “Loss of Chance” doctrine.
If the delay turned a treatable Stage I condition into a terminal Stage IV crisis, the doctor is liable for the harm caused by that lost time.
The Crucial Factor: “Progression of Disease”
The law does not punish doctors simply for being slow; it punishes them for allowing harm to occur during the delay. To determine if you have a case, we look at what happened to the disease during those missing months:
- Scenario A (Likely No Case): A doctor misses a fracture on an X-ray. It is found 3 weeks later. The bone heals fine with no surgery. Result: No permanent harm, likely no case.
- Scenario B (Catastrophic Case): A doctor dismisses a lump as a cyst without ordering a biopsy. Six months later, it is diagnosed as aggressive breast cancer. Result: The cancer has spread (metastasized) to the lymph nodes. The patient now needs aggressive chemo and radiation instead of a simple lumpectomy, and her survival rate has dropped by 50%. This is actionable malpractice.
Common “Missed” Conditions in Malpractice
In our experience with catastrophic injury and wrongful death, the most common delayed diagnoses involve conditions where early detection is the difference between life and death:
- Cancer: specifically Breast, Colon, Lung, and Skin cancers.
- Stroke: Misdiagnosing a stroke as a migraine or vertigo, missing the window for “clot-busting” drugs (tPA).
- Heart Attack: Sending a patient home with “heartburn” when they are in cardiac arrest.
- Infection (Sepsis): Failing to treat an infection before it shuts down organ systems.
Proving the “Standard of Care” was Breached
To win these cases, we must prove that the initial doctor missed signs that a reasonably competent doctor would have caught. We look for:
- Ignored Symptoms: Did the doctor fail to investigate a “red flag” symptom?
- Improper Testing: Did they fail to order a standard test (CT scan, MRI, Biopsy) indicated by your symptoms?
- Lab Errors: Did the pathologist or radiologist misread the test results that were already there?
Why You Need a Lawyer Immediately
In delayed diagnosis cases, medical records are key. We need to secure the original scans and notes before they are “updated” or amended. Furthermore, the Statute of Limitations (the deadline to file) can be tricky in these cases. It generally starts when you discovered (or should have discovered) the mistake, but waiting too long can destroy your claim.