A wrong or delayed diagnosis can allow a treatable condition to become far more serious. However, a poor medical outcome doesn’t automatically mean that a doctor committed malpractice. A Virginia Beach medical malpractice lawyer can investigate whether the provider failed to meet Virginia’s standard of care and whether that failure caused additional harm.
Diagnostic cases often require a detailed review of symptoms and test results. The timing of each appointment can also be important. A successful claim must connect the doctor’s conduct to an injury that likely could have been avoided with proper care.
Doctors aren’t expected to reach the correct diagnosis in every case. Some illnesses cause similar symptoms, while others are difficult to detect during their early stages. A diagnostic mistake becomes possible malpractice when the provider fails to act as a reasonably prudent practitioner would under similar circumstances.
For example, a doctor might overlook a serious symptom or fail to order a test that the patient’s condition reasonably called for. A provider might also misread test results or fail to refer the patient to an appropriate specialist. The issue isn’t simply whether the original diagnosis was wrong. The question is whether the provider used the level of skill and diligence required by Virginia law.
Under Virginia Code § 8.01-581.20, the standard of care is generally the degree of skill and diligence practiced by a reasonably prudent provider in the same field or specialty in Virginia. This is usually a statewide standard rather than one based only on practices in Virginia Beach.
A party may argue that a local or similar-locality standard is more appropriate because of the available health care services and customary local practices. That party must prove the need for a different standard. In most cases, a qualified medical expert explains what the provider should have done and how the care fell short.
The expert must understand the standards that apply to the defendant’s specialty. An expert who testifies about the standard of care generally must also have practiced clinically in that specialty or a related field within one year of the alleged error.
A misdiagnosis may cause a patient to receive treatment for an illness they don’t have. Unnecessary medication or a needless procedure can create new health problems. Meanwhile, the patient’s actual condition may continue to worsen.
A delayed diagnosis can also reduce available treatment options. Cancer may progress before it is detected, or an infection may spread while the patient is being treated for something else. A delayed heart attack or stroke diagnosis may prevent doctors from providing time-sensitive treatment.
A delay alone isn’t enough to prove malpractice. The patient generally must show that an earlier correct diagnosis probably would have led to a better result. Medical experts often review how the illness progressed and what treatment would have been available at the proper time.
Virginia imposes an expert-certification requirement early in most medical malpractice cases. Before a plaintiff first requests service of process on a defendant or asks the defendant to accept service, the plaintiff generally must obtain a signed written opinion from a qualified expert. Requesting service is treated as a certification that the required opinion has already been obtained.
The opinion must state that the defendant departed from the applicable standard of care and that the departure was a proximate cause of the claimed injuries. The expert must reach those conclusions based on a reasonable understanding of the facts. Separate certifications may address the standard of care and causation.
The plaintiff doesn’t ordinarily attach the expert’s opinion to the complaint or disclose the expert’s identity at that stage. Under the current version of Virginia Code § 8.01-20.1, the plaintiff must certify compliance to the defendant within 21 days after the defendant files an answer. Failing to obtain a required opinion before requesting service can lead to sanctions and possible dismissal with prejudice.
Certification isn’t required when the alleged negligence clearly falls within the jury’s common knowledge and experience. This exception is narrow because most diagnostic issues require medical training to evaluate. A Virginia Beach medical malpractice lawyer can determine whether expert certification is required and find an appropriate specialist to review the records.
Medical records can show what symptoms the patient reported and which tests the doctor ordered. They may also reveal whether the provider followed up on abnormal results. Records from later treatment can help establish when the correct diagnosis was finally made.
Other useful evidence may include medical images and laboratory reports. Notes from specialists can explain how the condition progressed during the delay. A complete timeline can help an expert determine whether the doctor had enough information to investigate the correct diagnosis sooner.
Causation evidence is especially important. The defense may argue that the patient would have experienced the same outcome even with an earlier diagnosis. The patient’s expert must explain how the delay probably caused additional injury.
Virginia generally gives a patient two years after a medical malpractice claim accrues to bring an action. The deadline may begin before the patient realizes that a diagnostic error occurred, so waiting for the full extent of the harm to become clear can be dangerous.
Virginia law provides limited extensions in certain cases. For example, a special rule applies to the negligent failure to diagnose cancer or a malignant tumor. It also covers certain schwannomas. Even when an extension applies, the law places limits on how long a patient can wait. Anyone who suspects a delayed diagnosis should seek legal guidance promptly.
Compensation may cover medical care needed because of the diagnostic error. This can include additional treatment and future health care expenses. A patient may also seek lost income or compensation for reduced earning capacity.
Damages may address physical pain and emotional suffering caused by the worsened condition. If a delayed diagnosis results in death, qualifying family members may have a wrongful death claim. The available compensation depends on the injury and how the delay affected the patient’s health.
In one delayed-diagnosis case, Shapiro, Washburn & Sharp obtained a $2.23 million medical malpractice and wrongful death verdict for the estate of a nurse who died from septic shock after an infection wasn’t recognized promptly. The case involved abnormal blood test results, delayed treatment, and an amputation before the patient’s death.
Shapiro, Washburn & Sharp represents patients and families harmed by medical negligence. To discuss a possible misdiagnosis or delayed diagnosis claim with a Virginia Beach medical malpractice lawyer, fill out the online contact form or call (833) 997-1774.
A wrong or delayed diagnosis can allow a treatable condition to become far more serious. However, a poor medical outcome doesn’t automatically mean that a doctor committed malpractice. A Virginia Beach medical malpractice lawyer can investigate whether the provider failed to meet Virginia’s standard of care and whether that failure caused additional harm. Diagnostic cases…
Patients in Hampton Roads receive care through several large health systems. Sentara Norfolk General Hospital in Norfolk is home to Hampton Roads’ only Level I adult trauma center. Riverside Regional Medical Center serves patients in Newport News and across the Peninsula. Bon Secours and Chesapeake Regional also serve patients throughout the area. When a person…
A vacation in Kitty Hawk can change in seconds when another driver causes a crash. You may be far from home and unsure what happens once your trip ends. If you were hurt while visiting the Outer Banks, an OBX personal injury lawyer can help you understand which laws apply and how to pursue a…
A serious injury does not always cause death right away, and in some cases the cause of death may be unrelated to the pending personal injury they have suffered. A person may live for months or years before complications of the original injury become fatal. When that happens, a Virginia Beach wrongful death attorney must…
A missed diagnosis can change a person’s life. A condition that could have been treated early may become harder to control. In some cases, the delay causes permanent injury or death. Still, a poor outcome does not automatically mean that a doctor committed malpractice. A Virginia medical malpractice attorney must examine what a reasonably careful…