Medical malpractice cases that are based on delay are similar and related to the issue of failure to diagnose. There does not need to be a failure to diagnose, or a delayed diagnosis, but in these Delay Cases, the concept is that time is of the essence. Had an earlier intervention been done by the healthcare professional, the outcome would have been different. A different outcome can mean the person would have lived. For example, the cancer would not have spread, or the treatment would have been less onerous.
If the cause of the delay was a failure to diagnose, such as a doctor failed to diagnose a tumor, that would be one cause of delay. In other cases the tumor may be diagnosed. The x-ray is done, the MRI is done, the imaging study is done and right there on the film is the malignancy plain as day. The radiologist provides the doctor with the reports, but when the patient comes in to see the doctor, the doctor fails to tell the patient about the tumor. We have seen cases where the physician had the report in the file and never told the plaintiff about the medical issue. As a result of the plaintiff not going and getting the treatment that was required, that cancer spread and the patient died.
There are all kinds of reasons why delay may happen but if you are involved in a case or your loved one is involved in a case where the reason why a bad outcome may have happened is due to delay, please give me a call and let’s see if my team and I can help you with your case.
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