Some of the most devastating medical malpractice cases involve a serious condition that was overlooked or misidentified, allowing the disease to progress when timely diagnosis could have produced a much better outcome. Delaware recognizes failure to diagnose as a category of medical negligence under the same general framework as other malpractice claims.
The Detailed Answer
Failure to diagnose claims fall under Delaware’s Medical Negligence Act, 18 Del. C. §§ 6801 et seq. The plaintiff must prove the same four elements as in any malpractice case, applied to the diagnostic process.
How Diagnostic Errors Happen
Diagnostic failures can occur in many ways, including:
- Failing to order indicated tests or imaging
- Misreading imaging studies, pathology slides, or laboratory results
- Failing to follow up on abnormal results
- Attributing serious symptoms to less serious conditions without adequate workup
- Failing to refer the patient for further evaluation when indicated
- Communication breakdowns between providers, facilities, or shifts
Conditions Often Missed
Some conditions are particularly prone to missed or delayed diagnosis, including:
- Cancers (breast, lung, colon, prostate, melanoma)
- Heart attacks, particularly in younger patients or women with atypical symptoms
- Strokes, particularly with subtle initial presentation
- Pulmonary embolism
- Sepsis and serious infections
- Appendicitis and other acute abdominal conditions
- Meningitis
Causation: The Hardest Element
The most difficult element in many failure-to-diagnose cases is causation. The patient’s underlying disease may have been serious regardless of the timing of diagnosis. The plaintiff generally must show that earlier diagnosis would have led to better outcomes, often using qualified medical opinion to compare the actual outcome with what the outcome would have been had the diagnosis been made when it should have been.
Loss of Chance Doctrine
Delaware case law addresses how to handle situations where the patient’s chances of survival or recovery were reduced, but not eliminated, by the delay. The legal treatment of these situations can be complex and is often hotly contested.
What This Means for Your Case
Failure-to-diagnose cases require careful reconstruction of what each provider knew, what tests were ordered, what results came back, and how the workup compared to accepted standards. Imaging studies, lab reports, and prior records often hold the key to whether the diagnosis was reasonably available.
If a serious diagnosis was made later than it should have been, request copies of all medical records, imaging discs, and pathology reports as soon as possible. These materials can be reviewed by qualified medical professionals to evaluate whether earlier diagnosis was achievable and whether it would have made a difference.
Related Questions
Q: What if the test was ordered but the result was missed?
Failure to follow up on test results is a recognized source of diagnostic malpractice. Communication breakdowns are a common factor.
Q: Can I sue if the cancer was inevitable?
Even where some harm was likely, additional harm caused by the delay may be recoverable. Loss of chance and progression of disease are commonly contested issues.
Q: What if multiple doctors were involved?
Liability may extend to multiple providers along the diagnostic chain. Each provider’s role and what they knew is examined separately.
Building a Failure-to-Diagnose Case
A Delaware failure-to-diagnose claim is built by reconstructing what happened at each visit and comparing it to what the standard of care required. The reconstruction typically involves:
- The presenting symptoms at each visit
- The differential diagnosis the provider considered
- The tests that were and were not ordered
- The results of any tests and how they were communicated
- The follow-up that was and was not performed
- The eventual diagnosis and how the disease had progressed by that time
Cancer Diagnosis Cases
Cancer cases are among the most common failure-to-diagnose claims. They often involve missed signs on imaging or pathology, failure to follow up on abnormal screening results, or attribution of cancer symptoms to benign conditions without adequate workup. The injury in these cases often includes progression of the cancer to a more advanced stage with worse prognosis and more aggressive treatment.
Heart Attack and Stroke Cases
Failure to diagnose heart attack or stroke can occur in emergency departments, urgent care settings, or primary care offices. Younger patients, women, and patients with atypical symptoms are particularly at risk. The injury can include avoidable cardiac damage, neurological damage, or death.
Damages in Failure-to-Diagnose Cases
Damages typically reflect the difference between what would have happened with timely diagnosis and what actually happened. Calculating this difference often requires qualified medical opinion on prognosis, treatment options, and life expectancy.
When to Talk to a Delaware Medical Malpractice Lawyer
If you or a loved one suffered serious harm because a diagnosis was missed or delayed, consider talking with a Delaware medical malpractice attorney. Schuster Jachetti LLP has experience handling failure-to-diagnose claims. Learn more about Delaware medical malpractice, the definition of malpractice, proving malpractice, and statute of limitations.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.