James H. Shoemaker is a talented lawyer who has had great success representing personal injury victims of medical malpractice.
What Is Delayed Diagnosis?
A delayed diagnosis occurs when a doctor eventually identifies the correct medical condition but only after a critical delay. This delay can allow the illness to progress, making treatment more difficult or less effective. In Virginia, a delayed diagnosis may be considered malpractice if a reasonable doctor, under similar circumstances, would have diagnosed the condition sooner.
Examples of delayed diagnosis include:
- A cancer patient whose symptoms are initially dismissed, leading to advanced-stage detection.
- A stroke misinterpreted as a migraine, preventing immediate treatment.
- An infection left undiagnosed until it becomes life-threatening.
For a malpractice case to succeed, the delay must have directly worsened the patient’s outcome. Simply experiencing a delay without additional harm is not enough to establish liability.
What Is Misdiagnosis?
A misdiagnosis occurs when a doctor incorrectly identifies a condition, leading to the wrong treatment — or no treatment at all. This can cause a patient to undergo unnecessary procedures while their actual condition worsens.
Common misdiagnosis cases include:
- A heart attack mistaken for acid reflux, delaying critical care.
- Meningitis diagnosed as the flu, leading to severe complications.
- A benign tumor diagnosed as malignant, resulting in unneeded chemotherapy.
Virginia law allows patients to seek compensation if they can prove the misdiagnosis resulted from negligence, meaning the doctor failed to follow the accepted standard of care.
How Do These Cases Work Under Virginia & D.C. Law?
Medical malpractice cases in Virginia and Washington, D.C. require:
- Proof that the doctor-patient relationship existed.
- Evidence that the provider breached the standard of care.
- Demonstration that the delay or misdiagnosis directly harmed the patient.
- An expert witness to support the claim, as required by law.
Virginia’s statute of limitations for medical malpractice is two years from the date of injury, though exceptions exist in cases involving minors or undiscovered harm.
Get Legal Guidance for Your Medical Malpractice Case
Jamie Shoemaker has been designated as “Virginia Legal Elite” by Virginia Business Magazine for 12 straight years. If you or a loved one has suffered due to a delayed diagnosis or misdiagnosis, contact Attorney Shoemaker’s office in Newport News, VA at 757-223-4560. Our experienced legal team understands Virginia and many other states’ complex malpractice laws and can evaluate your case.