Failure to Diagnose Cauda Equina Syndrome

What is a failure to diagnose?

A failure to diagnose generally occurs when a physician or other healthcare provider does not diagnose a patient’s current medical condition or makes the correct diagnosis but not within a timely manner. It may also happen when the healthcare provider misdiagnoses the patient, thereby preventing the correct diagnosis and treatment from occurring. This can lead to a patient’s injury getting worse or, in the worst case, becoming untreatable due to the delay. These errors can lead to physical and emotional suffering, and financial loss, for the patient. A healthcare provider’s failure to diagnose a medical condition can give rise to a legal claim for medical malpractice.

Can I bring a failure to diagnose claim for a delayed diagnosis?

Yes. When a medical condition should have been diagnosed sooner, or when the healthcare provider misses the correct diagnosis, this may be grounds for a failure to diagnose medical malpractice claim.

How do I prove a failure to diagnose?

In any medical malpractice claim, including a failure to diagnose, you need to prove four elements in order to be successful at trial. Not all failures to diagnose a medical condition are considered medical malpractice. In order to prove a failure to diagnose claim, you must show that:

• The healthcare provider owed you a duty of care as a patient;
• The healthcare provider breached that duty of care (by failing to correctly and promptly diagnose your medical condition);
• You suffered harm (such as physical, emotional, or financial harm); and
• Your harm was caused by the healthcare provider’s breach (the failure to diagnose).

Proof of these four elements requires evidence, including medical expert testimony, that the healthcare provider caused harm to the patient by falling below the standard of care - here, by failing to make a diagnosis appropriately or timely. An experienced medical malpractice attorney will help you to gather the necessary evidence, and retain reliable medical experts, so that you have as strong a claim as possible to succeed and maximize your compensation. Even in a case that settles out of court, as many of our medical malpractice cases do, the strength of the evidence and experts is crucial to gaining a strong negotiating position and an optimal settlement.

What if I cannot prove a failure to diagnose?

If you are not sure that you can prove all the elements required for a successful failure to diagnose claim, you should first consult with an experienced medical malpractice attorney to discuss your individual case. The law in this area is complex, and you may have sufficient grounds and evidence to bring a legal claim, even if you think you do not. 

What is the statute of limitations for a failure to diagnose lawsuit?

The statute of limitations is the law that determines how long a victim has to bring a legal claim. The statute of limitations varies from state to state. In Delaware and Pennsylvania, the statute of limitations for a failure to diagnose claim is usually 2 years. In Maryland, the statute of limitations is generally 3 years. However, there may be exceptions to these general rules. Therefore, if you have been injured by a failure to diagnose, you should consult an experienced medical malpractice attorney, such as the attorneys at Morris James, as soon as possible. They can then evaluate the time period in which you can bring a potential medical malpractice claim.

What are common failure to diagnose claims?

Unfortunately, there are many medical conditions that can be undiagnosed, misdiagnosed, or subject to a delayed diagnosis. Some examples of these conditions include:

• Heart attack or other heart conditions
• Stroke
• Aneurysm
• Cancer
• Meningitis
• Asthma
• Fetal distress
• Infection
• Fractures
• Surgical injuries
• Pulmonary embolism (P.E.)
• Spinal abscess or cauda equina syndrome
• Compartment syndrome
• Other medical emergencies

There are many other conditions that a healthcare provider may misdiagnose or fail to diagnose in a timely manner, so if you have any concerns that your medical condition was not handled appropriately, you should consult an experienced medical malpractice attorney as soon as possible.

What damage or costs can I get compensation for after a failure to diagnose?

A delay in diagnosis, misdiagnosis, or failure to diagnose a medical condition can cause physical and emotional harm, and can have practical and financial consequences for the victim and their families. Victims of medical malpractice are entitled to be compensated for economic and non-economic damages resulting from the failure to diagnose. 

Types of damages that can be recovered include:

• Medical bills, including physician, hospital, pharmacy, PT, rehab, and other medical expenses;
• Future medical expenses;
• Lost wages, both current and future;
• Modifications to your home and/or vehicle;
• Pain and suffering;
• Loss of companionship or consortium; and
• Damages for the patient’s passing.

If you pursue a failure to diagnose claim, you are permitted to recover compensation for all losses suffered, including the costs that will be incurred in the future as the patient returns to normal life, or to his or her new normal. An experienced medical malpractice attorney can help to identify all of the eligible costs and maximize a victim’s award or settlement. 

How much compensation can I get for a failure to diagnose?

Unfortunately, there is no easy answer to this question. Every case is very fact-specific, and it is often impossible to state with precision what a given case may be worth. Your compensation or settlement after a failure to diagnose will depend on a number of factors, including the extent of your injuries, pain, or disfigurement; the cost and discomfort of additional medical procedures required as a result of the failure to diagnose; any mental anguish as a result of your experience; your lost wages and loss of ability to earn in the future; and your loss of enjoyment of life.

A lawyer should never guarantee you a specific amount of financial compensation.However, an experienced medical malpractice attorney, such as the attorneys at Morris James, understands how these awards are calculated, how juries process this information, and how to maximize the award or settlement for their suffering client. In fact, the attorneys at Morris James have unique insight into valuing based on their prior experience defending healthcare providers and knowing how these claims are valued by defendants. With this knowledge, an experienced attorney can get a sense as to the range of value for a given claim so that you get the maximum amount of compensation that you deserve.

Do I need a lawyer for a failure to diagnose claim?

If you are considering bringing a failure to diagnose claim, you should have an experienced medical malpractice lawyer to advise and represent you. At the earliest stages, a good lawyer can explain your options and advise you on the strength of your case so that you can decide how to proceed. As the claim progresses, an attorney will handle communication and negotiation with insurers, hospitals, and other parties so you have more time to focus on healing. An experienced attorney will also have a network of qualified medical experts to assess your medical care and your injuries and will know how to provide the evidence that you need to be successful. In settlement negotiations or at trial, a lawyer has the experience and skills to present the relevant evidence in a compelling manner to achieve more compensation for you.

Ultimately, a lawyer will make the process of bringing a claim easier for you, and will maximize your compensation. It is well known that unrepresented plaintiffs receive (and accept) lower settlement offers, and tend to get lower compensation awards than victims who have legal representation. It is therefore important to retain an experienced medical malpractice lawyer as soon as possible so that you can achieve the best possible outcome for your case.

Why choose Morris James to represent you?

The lawyers of Morris James have been fighting for victims of negligence in Delaware since we opened our doors in 1932. We deal with lawyers and insurance companies so that you can focus on healing. Our medical malpractice attorneys, who represented healthcare providers for many years in medical malpractice cases, know the strategies used to defend healthcare providers and how to combat them. We will fiercely advocate for our clients, going to trial when necessary, to obtain the financial compensation that you need to regain stability and security after your injury.

If you or a loved one has suffered an injury due to a mistake by a healthcare professional, we may be able to help. Our attorneys at Morris James are available to talk to you about your rights and the options that you have at this difficult time. Contact us online or call 302.655.2599 to find out more.

What is considered medical malpractice?

Medical malpractice, also known as medical negligence, occurs when a hospital, doctor, or other health care professional fails to comply with the standard of care and causes an injury to a patient. The standard of care refers to the requirement that a medical professional act as a reasonably prudent and diligent medical professional.

How do you prove medical negligence?

Not all failures to comply with the standard of care (also called a “breach” or “violation” of the standard of care) equate with medical negligence. Nor do all injuries to patients mean that a medical professional breached the standard of care. Rather, to prove that a patient’s injuries or harms were due to a healthcare professional’s medical negligence, the person must prove that: 

1. The healthcare provider owed a professional duty to the patient;
2. The healthcare provider breached that duty (a breach of the standard of care);
3. The patient’s injury was caused by that healthcare provider’s breach; and
4. The patient suffered damages as a result of that breach.

To prove medical malpractice, the injured party must present medical expert testimony that there was a standard of care breach that caused damages.  Even before a claim is filed, the injured party needs to retain a qualified medical expert who can support the claim. Thus, to pursue a medical negligence claim successfully, it is critical to hire attorneys who can retain competent and qualified experts. 

What is the statute of limitations for medical malpractice in Delaware?

A statute of limitations is a law that limits how long a person has to file a lawsuit. In Delaware, in most situations, an injured person has two years from the date of the healthcare provider’s negligence to file a medical malpractice claim. There are situations where the timeframe may be extended, but those are rare. To make sure your claim is filed timely, it is important to speak with an attorney as soon as possible. 

Will my case go to trial? 

Sometimes the injured party and the healthcare providers are able to resolve their matter before trial. If, however, the defendant healthcare providers refuse to pay a fair amount, our team recommends that we go to a trial to receive fair compensation. The attorneys at Morris James have tried many cases to verdict and know how to fight for their client’s right to fair compensation. 

How is medical malpractice pain and suffering calculated?

Although every state is slightly different, many states ask a jury to evaluate an injured party’s pain and suffering by considering a number of factors. Those include the injured party’s physical pain caused by the injury itself, any discomfort resulting from necessary medical treatment, and mental anguish and other emotional stressors from the injury. A jury can also consider disfigurement and loss of ability to enjoy life’s pleasures. The jury may also consider the costs of any medical care incurred, the costs associated with future treatment that is needed as a result of the injuries sustained, and lost earnings due the inability to work from the injuries. 

Because every case is variable, awards can vary widely even in similar cases. The medical malpractice attorneys at Morris James are keenly aware of how juries calculate damages awards given their experience and use this knowledge to leverage their clients’ cases to obtain the best possible outcomes, whether through settlement or at trial. 

What are the most common medical malpractice claims?

The attorneys at Morris James LLP have litigated almost every type of medical malpractice claim. Some common types of malpractice claims include:

Pregnancy care and labor & delivery management - The birth of one’s child is one of the most exciting and wonderful experiences in a person’s life. Unfortunately, this event can turn horrific if the medical providers involved do not act appropriately to monitor the mother and baby. If the healthcare providers fail to treat the mother or child appropriately during her pregnancy or her labor and delivery, that can lead to catastrophic injuries to both the mother, father and baby. Some of these injuries include physical injuries to the baby’s head, arms, or shoulders and can include devastating neurologic injuries like brain bleeds and cerebral palsy - injuries that a patient and family will need to face for the entirety of their lives. 

Hospital negligence - Patients go to a hospital for all types of care, including emergency room care, surgeries, births, and other issues. While at a hospital, patients can be treated by numerous healthcare providers, including doctors, physician assistants, nurse practitioners, and nurses. When these providers breach the standard of care and harm a patient, regardless of the type of care, the hospital may be responsible for those injuries. 

Failure to diagnose a medical condition - If the healthcare provider acted negligently in failing to identify, diagnose and treat the medical condition, and if that delay caused harm, the treating healthcare provider might be liable for medical malpractice. In certain cases, such as cancer, the medical condition leading to harm can be severe.  

Failure to follow-up - There are times when a patient expects a healthcare provider like a doctor to follow-up on a test, a visit, or a study. This typically happens after a patient has blood drawn for lab tests, has a biopsy performed, has an imaging study like an x-ray or other scan, or has an ongoing medical condition. If the healthcare provider doesn’t follow-up when he or she is supposed to do so, and if that failure to follow-up leads to a delay in a medical diagnosis, it can cause harm to the patient. In that situation, the failure to follow-up may be a basis for a medical malpractice claim. 

Failure to monitor - Oftentimes after a patient has a medical procedure, the patient is admitted to the hospital or another medical facility so that the medical staff, including doctors and nurses, can monitor the patient to make sure that there are no new problems that develop. Sometimes, that monitoring is done at the patient’s home by trained medical staff. If the medical providers caring for the patient do not monitor the patient correctly, they can sometimes miss important medical issues, and that can lead to harm. If the medical providers did not monitor the patient correctly, and this failure caused harm, the patient or the patient’s family may have a potential medical malpractice claim. 

Surgical errors - Despite the technological advances and techniques that surgeons have at their disposal, there may still be surgical errors. Sometimes, those are expected, but other times they may be due to the surgeon making unreasonable errors. If a surgeon makes an unreasonable error that causes harm, that can be a basis of medical malpractice. Some examples of surgical errors that might be malpractice include puncturing internal organs, injuring blood vessels, operating on the wrong body part, or leaving surgical instruments inside the body. 

Prescription errors - Healthcare providers may make mistakes with medications for patients. These errors include a doctor or nurse practitioner writing an incorrect dosage on a prescription, issuing a prescription that should never have been given under the circumstances, a nurse administering an incorrect amount of a medication, or medical equipment giving the patient the wrong dose of a medication. When that medical error causes harm, that may be a basis for a medical malpractice claim. 

Why choose Morris James to represent you?

The lawyers of Morris James have been fighting for victims of negligence in Delaware since we opened our doors in 1932. We deal with lawyers and insurance companies so that you can focus on healing. Our medical malpractice attorneys, who represented healthcare providers for many years in medical malpractice cases, know the strategies used to defend healthcare providers and how to combat them. We will fiercely advocate for our clients, going to trial when necessary, to obtain the financial compensation that you need to regain stability and security after your injury.

If you or a loved one has suffered an injury due to a mistake by a healthcare professional, we may be able to help. Our attorneys at Morris James are available to talk to you about your rights and the options that you have at this difficult time. Contact us online or call into one of our local Morris James offices in Delaware to find out more.