Virginia Delayed Diagnosis Lawyer
A delayed diagnosis can prevent you from getting the medical care you need to effectively heal from your injury or illness. While some conditions are certainly harder to diagnose than others, a doctor is expected to adhere to a standard of medical care while diagnosing you. When their failure to do so contributes to your injuries, you may be able to file a delayed diagnosis claim against them with the help of a medical malpractice attorney.
An experienced Virginia delayed diagnosis lawyer could help you determine the extent of your rights and pursue adequate compensation for the harm you have suffered.
What is a Delayed Diagnosis?
A delayed diagnosis occurs when a doctor or other medical professional fails to properly diagnose a patient’s medical condition in a way that constitutes negligent conduct. The misdiagnosis or delayed diagnosis must breach the standard of medical care for it to be considered negligent. This determination must be made by medical experts and with the assistance of knowledgeable legal counsel in Virginia.
A delayed diagnosis claim is a type of medical malpractice lawsuit that seeks to hold medical professionals responsible for their actions. When the breach of their duty of care causes a patient’s injuries, they may have to compensate the patient.
Proving a Delayed Diagnosis Claim
To successfully pursue a delayed diagnosis claim, a plaintiff and their attorney must prove:
- That a patient-doctor relationship existed, and the relationship created a duty of care from the doctor to the patient
- The doctor breached their applicable standard of care through the misdiagnosis or delayed diagnosis
- The patient suffered injuries as a result
- The injuries resulted in compensable damages
Each of these elements must be proven for a claim to be successful. These cases involve a complicated part of the law that can require extensive training and experience to fully understand. A delayed diagnosis attorney in Virginia could be a valuable asset when establishing the validity of a particular claim.
Statute of Limitations in Delayed Diagnosis Cases
Under Va. Code Ann. § 8.01-243, most medical malpractice claims are subject to a two-year statute of limitations period. This means that the plaintiff must file their lawsuit within two years of the date that the medical mistake or misdiagnosis occurred. Failure to file by this time would likely result in a dismissal of the claim without consideration in court.
In delayed diagnosis cases, there is an exception when appropriate. For claims that deal with the negligent failure to diagnose cancer, a malignant tumor, or an intraspinal, intracranial, or spinal schwannoma, the statute of limitations period is extended to one year from the date the correct diagnosis is finally given. These cases are very specific and must be properly examined by a legal professional.
To avoid any issues related to the statute of limitations, it is crucial that an injured plaintiff contact a Virginia delayed diagnosis attorney as soon as possible. These cases take time to prepare, and the sooner a plaintiff contacts their attorney, the quicker their case can be filed.
Consult a Delayed Diagnosis Attorney in Virginia for Help
Delayed diagnoses can be incredibly harmful. A medical condition left unchecked could make the difference in the harm you suffer, or even determine whether you will survive a type of injury or illness. You have rights under state law if you have suffered a delayed diagnosis, and an experienced Virginia delayed diagnosis lawyer is ready to assist you in pursuing financial compensation. Contact us today for help.
