Delayed or misdiagnosed medical conditions are often caused by symptoms that are not always apparent in the hours or days following an emergency room visit. Victims of medical malpractice may remain in the dark about a medical error in their case. By the time the symptoms of a worsening condition are obvious, a once treatable condition may be irreversible. 

Related to improper medical care, misdiagnoses, or mistakes on the operating table, delayed symptoms may lead to harmful, chronic conditions that persist on a long-term basis. In that case, an injured victim must pursue legal remedies to recover damages and regain peace of mind. 

What is Considered Medical Malpractice?

A medical professional whose care for a patient fails to meet the accepted level of care for that area of medicine is headed down the road towards negligent behavior. A failure of this magnitude can cause major harm to a patient’s health. These harms include delayed diagnoses and worsening medical conditions. Symptoms may continue to worsen as a result of an act of medical malpractice. 

Unfortunately for a person who has begun to discover symptoms of their missed diagnosis, the amount of time in between the medical mistake and this discovery can place them in a much worse position from the standpoint of their health. 

What Are the Most Commonly Encountered Medical Errors Related To Delayed Symptoms?

Patients at a hospital or primary care clinic may be a victim of a delayed medical diagnosis. During a time period when additional medical care may have been received, the injured patient may not be doing much related to their medical care.

Missed diagnoses are, unfortunately, a common type of medical error related to delayed symptoms. This problem stems from a healthcare provider failing to provide an accurate diagnosis because symptoms are not visible. A missed diagnosis can result in a patient failing to seek appropriate treatment. 

A situation with delayed symptoms and missed diagnoses that can have life-altering effects is cancer. When cancer symptoms are not obvious, a physician must use other markers or signs to properly diagnose the condition. When that diagnosis is not made, it can lead to the cancer developing further. What could have been a treatable cancer may now end up being a disease that has worsened over the course of time. 

Mistakes made during surgery are other forms of medical errors which may have serious effects for an individual. Operating on a person always carries with it a certain degree of risk. However, the true risk of harm to an individual may not be known until months later when symptoms begin to develop. Many times the tests run on a person after surgery will not be geared for symptoms related to other medical conditions or parts of the body. An undiagnosed surgical complication coupled with a completely unsuspecting patient can add up to a worsening of that condition. 

What Is the Relationship Between Symptom Delays and Malpractice Claims?

Did the healthcare provider’s negligence cause the injuries in question? This is the question that a patient, and ultimately a jury, will have to answer. There is a four-step analysis that must be undertaken to determine whether a potential medical malpractice case may be pursued:

• A healthcare provider has a duty to provide a level of care to a patient which matches the widely accepted standard of care for that area of medicine. Almost always, when a patient seeks care from a physician, nurse, hospital, or clinic, there is a duty of care on the part of the healthcare professional.
• Second, an injured party must be able to establish that a breach occurred regarding that duty of care. Essentially, when a healthcare professional, through action or inaction, does not provide care that meets or equals the standard, it is possible that a malpractice claim may stand on its own.
• Often, causation is considered the most difficult element of a negligence claim to prove. Did the medical provider’s breach of the duty of care directly lead to the plaintiff’s injury?
• Finally, there must have been damages suffered by the injured victim. That could be a physical injury, emotional distress, or missed time at work. 

Medical expert witnesses are often called upon to assist with proving at least one of these elements. This could be through a written report compiled at the beginning of a case or by testifying before a judge or jury during a trial. 

How Quickly Must a Medical Malpractice Case be Filed?

Generally, an injured victim has up to two years after discovering the injury, or the date the injury occurred, to file a medical malpractice lawsuit. Delayed symptoms certainly make it seem like the two-year statute of limitations from the date the injury was first discovered will be applicable. In any event, deciding to pursue a medical malpractice case requires that an injured victim have a plan from the outset of their case. 

Damages Examined in Medical Malpractice Cases

There are a range of different types of damages which may pertain to any given medical malpractice claim. Medical bills related to hospital stays, surgeries, and physical therapy may have been incurred due to the act of medical malpractice. 

Lost income is another major form of damages which may have been suffered as a result of medical malpractice. Time away from work to attend doctor’s appointments or recover from surgery at home can be costly on a family’s budget. 

Emotional distress stems from the mental aspects of a medical practice case. Suppose a painful surgery was delayed several months because a person’s doctor did not make a diagnosis during an initial appointment. It is more complex to analyze emotional distress than lost wages. This is where an injured victim benefits from being served by an experienced West Virginia medical malpractice lawyer.

Contact Crim Law, PLLC For a Free Case Review

Please contact Crim Law, PLLC for a free case review. Our team of legal professionals has the answers and track record you need to take on even the most challenging medical malpractice cases.