Receiving a diagnosis at the right time can make a significant difference to a patient’s treatment and overall outcome. Where there has been a delay in diagnosing a condition, this can sometimes lead to avoidable complications, more extensive treatment, or a poorer prognosis.
In some cases, a delayed diagnosis may give rise to a claim for medical negligence.
What is a delayed diagnosis?
A delayed diagnosis arises where a medical professional does not identify a condition within a reasonable timeframe. There are a number of ways this can occur, for example:
- A failure to recognise or properly investigate symptoms.
- Incorrect interpretation of test results.
- A delay in referring a patient to an appropriate specialist.
- Delays in arranging necessary investigations.
It is important to note that not every delay will amount to negligence. The issue is whether the care provided fell below a reasonable standard and that, as a result, injury or harm has been suffered.
When does a delay become negligent?
To bring a successful medical negligence claim, it must be established that:
- A duty of care was owed by the medical professional.
- That duty was breached.
- The breach caused avoidable harm (ie “causation”).
In delayed diagnosis cases, the question of causation is often the most complex. It must be shown that the outcome would have been different, or at least materially better, had the diagnosis been made earlier. For example, earlier diagnosis may have allowed for less invasive treatment or improved the chances of recovery.
Common examples
Claims involving delayed diagnosis can arise in a range of circumstances, including:
- Cancer
- Infections, such as sepsis
- Orthopaedic injuries such as fractures
- Neurological conditions
How we can assist
We appreciate that concerns about medical treatment can be difficult and, in some cases, distressing. If you would like to discuss a potential claim, please contact us for further advice.
T: 0800 694 6660 | E: enquiries@maxwellhodge.co.uk
