When it comes to medical malpractice, timing and accuracy are everything. A wrong or late diagnosis can mean the difference between a full recovery and a lifetime of complications—or worse.
But while both misdiagnosis and delayed diagnosis can lead to serious harm, the legal issues surrounding them are slightly different. If you’ve been impacted by either, it’s important to understand how Ohio law treats each type of error in a physician malpractice case.
What Is Misdiagnosis?
Misdiagnosis happens when a healthcare provider identifies the wrong condition entirely. For example, a heart attack might be diagnosed as acid reflux, or a cancerous tumor might be dismissed as a benign cyst. In these cases, the patient often receives incorrect treatment—or no treatment at all—which can allow the real condition to worsen.
To prove malpractice, you must show that another competent doctor in the same situation would have made the correct diagnosis, and that the mistake directly caused you harm.
What Is Delayed Diagnosis?
Delayed diagnosis occurs when the correct diagnosis is eventually made—but not in time. This delay can cause a treatable condition to progress to a more dangerous stage. Common examples include missed early signs of cancer, stroke, or infection. Even if the final diagnosis is correct, the delay itself can be considered negligent if it led to avoidable harm. Medical records, test results, and timelines all play a critical role in building a delayed diagnosis case.
Both Can Be Grounds for a Lawsuit—If Negligence Is Involved
Not every diagnostic error is malpractice. To have a valid legal claim, you must prove three things:
- A doctor-patient relationship existed;
- The provider failed to meet the accepted standard of care; and
- That failure caused significant harm, either through incorrect treatment or lost opportunity for better outcomes.
If you believe a diagnostic error has impacted your health or a loved one’s, time is of the essence. These cases are complex and fact-specific, and proving negligence requires a thorough investigation and medical expertise. An experienced malpractice attorney can help you understand your rights and fight for the compensation you deserve.
Misdiagnosed or Delayed? Your Health (and Your Case) Can’t Wait
The Law Offices of Tim Misny will help you hold negligent providers accountable. When you’re the victim of physician malpractice, I’ll Make Them Pay!® Call my office at (877) 614-9524 so I can evaluate your case right away.
