When you visit a doctor, you expect timely and accurate diagnoses. Sometimes, however, a diagnosis is delayed. In such cases, you might be left wondering how the delay affects your treatment outcome. In Michigan, a delay in diagnosing a medical condition can form the basis of what is known as a delayed diagnosis claim under the medical malpractice law.

A delayed diagnosis claim involves holding a healthcare professional legally responsible for not diagnosing a condition in a reasonable timeframe. Unlike other medical malpractice claims, such as misdiagnosis or failure to diagnose, a delayed diagnosis acknowledges that a correct diagnosis eventually happened, but it came too late to prevent complications.

Why does it matter? A delay can allow a medical issue to progress. Instead of receiving prompt care, you might be dealing with a worsened condition that becomes more difficult or, in some cases, impossible to treat effectively. It can lead to longer recovery times, additional medical procedures, and even life-threatening complications that might have been avoided.

Let our qualified medical malpractice attorney discuss how delayed diagnosis claims work in Michigan and what you need to know if you suspect the delay might have compromised your health.

Proving a Delayed Diagnosis Claim in Michigan

To prove delayed diagnosis claims in Michigan, you need to establish the following key elements:

1. The Existence of a Doctor-Patient Relationship

First, you must show that you had a valid, established relationship with the medical professional you are claiming acted negligently. It’s usually straightforward: you made an appointment, the doctor agreed to treat you, and medical records confirm that you were under their care. If you were examined or assessed, it is clear that a doctor-patient relationship existed between you and the physician.

2. Evidence of Negligence in the Standard of Care

Negligence in a medical setting typically means that the doctor or healthcare professional failed to act in a way that a reasonably competent practitioner in the same field would have under the same circumstances. For delayed diagnosis claims, you must show that the physician had enough information through symptoms, lab tests, or patient history to diagnose your condition sooner but did not do so.

3. The Delay in Diagnosis Caused Harm

It’s not enough to prove the doctor was negligent. You must prove that the delay directly led to some form of harm. For instance, if you experienced a significantly worsened condition, higher medical costs, or the need for more aggressive treatment, you need to demonstrate that these negative outcomes could have been avoided or minimized if the condition had been identified earlier.

Medical malpractice cases often hinge on expert testimony. Doctors or specialists in the relevant field can help a judge or jury understand the standard of care that should have been applied and how your healthcare provider failed to meet it. In addition, these expert witnesses can explain how timely treatment could have changed your outcome, making it clear that the delay caused your injuries.

Common Scenarios Leading to Delayed Diagnosis Claims

There are certain illnesses, such as cancer, heart disease, or infections, where timely diagnosis is especially important. Cervical cancer, for example, is far more treatable when caught early. According to national statistics, the five-year survival rate for women diagnosed with cervical cancer at an advanced stage is only around 15%. However, if the cancer is diagnosed early, before it has spread to distant parts of the body, the survival rate jumps to about 93%.

Sometimes, the problem isn’t just one doctor’s mistake but a breakdown in the healthcare system. Understaffed hospitals might not have enough trained professionals to handle patient caseloads effectively. Miscommunication between departments or between doctors and nurses can cause critical delays in getting specialist consultations or scheduling necessary tests. Even a slight oversight in following up on test results can have serious consequences for the patient.

Challenges in Filing a Delayed Diagnosis Claim

It’s important to be aware of the challenges you might face if you decide to pursue a legal claim for delayed diagnosis in Michigan.

Proving Causation

The main obstacle in a delayed diagnosis case is showing that the delay directly caused the harm. Some conditions might lead to the same outcome even with an earlier diagnosis, which makes proving causation more difficult. It’s not enough to show that there was a delay; you need to demonstrate that an earlier diagnosis would likely have improved your health outcome.

Obtaining Relevant Medical Records

You and your local medical malpractice attorney might need to gather extensive medical records, including test results, physician notes, and communication logs, to prove your case. Under Michigan law, you have the right to access these records, but processing delays, administrative hurdles, or incomplete documentation can complicate your case.

Statute of Limitations

Michigan law sets strict deadlines, known as statutes of limitations, for filing medical malpractice cases. Generally, you have two years from the date of the alleged negligence, or six months from the time you discovered, or should have discovered, the injury, whichever is later. Missing the deadline can result in losing your right to pursue compensation.

Consult a Medical Malpractice Attorney to Protect Your Rights Today!

If you believe you’ve suffered harm because your condition wasn’t diagnosed in time, you might have grounds for a delayed diagnosis claim. Let Shafer Swartz PLC provide the personalized legal guidance you need to protect your rights. Our skilled Michigan medical malpractice attorneys can gather medical evidence, consult with medical experts, and develop a strategy to seek compensation for your medical expenses, lost wages, pain and suffering, and more. Contact us today at (231) 722-2444 or here to schedule a consultation.