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Kentucky Medical Malpractice Misdiagnosis and Delayed Diagnosis

Kentucky Medical Malpractice Misdiagnosis and Delayed Diagnosis

Medical malpractice or medical negligence delay in treatment is a serious issue that is more common than you might think. In fact, medical errors, such as delayed diagnosis or misdiagnosis, are the third highest cause of death in the United States.  

As such, it is crucial that patients understand their rights regarding medical malpractice misdiagnosis and delayed diagnosis. If you are the victim of medical malpractice, you have a right to pursue legal action against the guilty party, such as a doctor or healthcare facility. 

If you or a loved one are suffering from medical negligence delay in treatment or some other medical error, our team of Kentucky medical malpractice attorneys can help. We understand how stressful and emotional a misdiagnosis or delayed diagnosis error can be and are dedicated to helping our clients get the compensation they deserve for their suffering and other damages.  

What Causes Misdiagnosis or Delayed Diagnosis?

When you visit a healthcare provider, there are many reasons why you could end up receiving a misdiagnosis or even have a diagnosis that is delayed. Many healthcare facilities today are busy and may even be understaffed or overworking their employees, which can lead to mistakes — but that is still no excuse for poor care. 

Medical providers owe their patients a certain level or standard of care; if they fail to deliver that level of care due to negligence, they could be held accountable. 

Some factors that can contribute to medical malpractice misdiagnosis and delayed diagnosis Include:

  • Inexperienced medical staff
  • Document or paperwork mixups
  • Lack of follow-up after an appointment
  • Failure to obtain patient history
  • Lost, misread, or delayed scans and test results
  • Malfunctioning equipment
  • Lack of knowledge about a certain condition
  • Failure to refer patient to another provider/specialist with more knowledge
  • Understaffed medical facilities
  • Failure to comply with proper procedures

What Are the Consequences of Delaying Medical Care?

The consequences of delaying medical care or misdiagnosing a medical condition will depend on the individual situation. For example, delaying treatment for a sprained ankle might not have as severe consequences as delaying treatment for head trauma. Still, no matter the condition or injury, any delay in medical care can have consequences that put the patient’s health and well-being at risk. 

Without prompt medical care or a misdiagnosis, any of the following situations could occur:

  • Worsening of symptoms 
  • Worsening of condition
  • The development of a new injury or condition as a result of the initial condition not being treated on time
  • Increased pain and suffering
  • Decreased effectiveness of the treatment when it does eventually occur
  • Death as a result of the condition not being treated in time

Can You File a Lawsuit for Misdiagnosis and Delayed Diagnosis?

A doctor or hospital can be sued for medical negligence delay in treatment or misdiagnosis, but it is not easy. The thing to understand is that doctors and hospitals have their own fancy legal teams and insurance policies to protect them in case a patient or their family files a lawsuit. 

Still, it is possible to file a lawsuit and win your case. But it will require hiring an experienced attorney of your own to stand up against the medical provider’s legal team and help you navigate the complex legal matters. 

First, to ensure your case goes through, you will need to file the lawsuit by a specific deadline. There is a statute of limitations for filing medical malpractice claims, and if you miss the deadline, your case will most likely be dismissed. In Kentucky, the statute of limitations for medical malpractice claims is one year from the time you learned you were injured or ill. 

Once you file your claim, you will then have to work with your attorney to establish fault or negligence — and four things that must be proven to do this:

  1. A doctor-patient relationship existed; thus you were owed a duty of care
  2. The doctor breached their duty of care by failing to provide treatment in a reasonable amount of time
  3. You suffered harm
  4. The harm you suffered was a direct result of the delay in treatment or misdiagnosis

Proving these things is not easy, especially when the doctor will have a legal team defending them and arguing against what you claim every step of the way. This is why it’s crucial that you work with your own attorney who can help you gather the evidence needed to prove medical negligence occurred. 

Compensation for Medical Malpractice Misdiagnosis and Delayed Diagnosis

If you and your attorney do prove medical negligence, you will still need to provide additional evidence to show how much you have suffered as a result of the delayed diagnosis or misdiagnosis. This is because the settlement or compensation you are awarded will depend on how much your life was affected by what happened. 

This evidence of your suffering or what you have dealt with as a result of the delayed diagnosis is known as damage or damages. Examples of these damages you can recover compensation for include the following:

  • Medical expenses
  • Lost income
  • Loss of future earnings
  • Physical pain & suffering
  • Emotional distress
  • Out-of-pocket expenses relating to the delay in treatment

If the patient dies as a result of the medical malpractice misdiagnosis and delayed diagnosis, the family and loved ones of the deceased can file a wrongful death claim to recover compensation for their damages. 

Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky

If you or a loved one are the victim of a medical malpractice misdiagnosis and delayed diagnosis, you may be entitled to compensation. Let our team of experienced Kentucky medical malpractice attorneys help you navigate this trying time. 

McCoy & Sparks is continually recognized as one of Central Kentucky’s best law firms. We represent thousands of clients in Central Kentucky with a focus on providing premium service. 

You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our medical malpractice attorneys today.