Roanoke Delayed Diagnosis Attorney
When a healthcare provider misdiagnoses a patient’s condition or illness, that patient can experience a delayed diagnosis. In other words, due to the original missed diagnosis, the patient’s actual disease being accurately diagnosed may be delayed. When this happens with a serious and potentially life-threatening condition, a delayed diagnosis can result in a medical malpractice claim. An experienced Roanoke delayed diagnosis attorney at our firm can help.
When Can a Failure to Diagnose Lead to a Medical Malpractice Claim?
In order for a delayed diagnosis to give rise to a successful medical malpractice lawsuit, a patient must have suffered harm as a result of the delayed diagnosis. If the delayed diagnosis does not result in harm, you will not be able to obtain financial compensation through a medical malpractice lawsuit.
Generally speaking, to obtain damages in a delayed diagnosis claim, a patient must be able to prove:
- Doctor-patient relationship existed that resulted in the healthcare provider owing a duty of care to the patient;
- Healthcare provider breached the duty of care by misdiagnosing, thereby resulting in a delayed diagnosis;
- Patient suffered an injury because of the delayed diagnosis; and
- Patient sustained damages.
Delayed Diagnosis Lawsuit Statutes of Limitations in Roanoke, VA
Virginia’s medical malpractice statute of limitations requires that most claims be filed within two years from the date of the healthcare provider’s negligent act or omission. However, the statute says that, “in a claim for the negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma,” the statute of limitations is extended to one year from the date of the accurate diagnosis. Accordingly, if your delayed diagnosis claim falls into one of these descriptors, you may have more than two years to file a lawsuit. You should discuss the specific facts of your case with a medical malpractice attorney as soon as possible
In many delayed diagnosis cases, the patient ultimately succumbs to the illness or disease that was initially misdiagnosed because she or he did not receive treatment in a timely manner. When a delayed diagnosis results in a patient’s death, one of the statutory beneficiaries of the deceased patient (such as the surviving spouse, children, or parents) may be eligible to file a wrongful death lawsuit. According to Virginia wrongful death law, your claim must be filed within two years from the date of the patient’s death. To be clear, unlike in a medical malpractice lawsuit for personal injury, the statute of limitations is not extended for a wrongful death claim, even when the death resulted from a delayed diagnosis. As such, it is critical to get started on the case as soon as possible with one of our Roanoke delayed diagnosis lawyers.
Learn More from a Roanoke Delayed Diagnosis Attorney
If you or someone you love received a delayed diagnosis and suffered harm as a result, you could be eligible to file a medical malpractice claim. To learn more, get in touch with one of our Roanoke delayed diagnosis attorneys as soon as possible. Our firm can assess the specific facts of your case and can help you to determine whether you are eligible to file a lawsuit and who may be named as a defendant in your claim. In some cases, more than one healthcare provider may be liable for your delayed diagnosis injuries. Contact MichieHamlett to learn more about filing a delayed diagnosis lawsuit in Virginia.
