A doctor writing on a clipboard while a patient sits across a desk from them with their hands held together.

Medical Malpractice Insights From Menzer Law Group

When patients seek medical care, they trust that their provider will listen to their concerns, evaluate their symptoms, order appropriate tests, and accurately diagnose the underlying issue, injury, health condition, or illness. Unfortunately, delayed diagnoses occur when there is an undue delay in identifying the correct medical condition, which can lead to critical treatment delays and worsened health outcomes.

A healthcare provider’s failure to thoroughly evaluate their patient or provide a timely diagnosis can pose a significant but often overlooked threat to patient safety. According to a 2021 qualitative exploratory study, “Diagnostic errors or delays (DEODs) remain an understudied threat to patient safety occurring in up to 20 percent of patient-clinician encounters.” The National Academies of Science, Engineering, and Medicine (NASEM) defines diagnostic error as “the failure to (a) establish an accurate and timely explanation of the patient’s health problem(s) or (b) communicate that explanation to the patient.” 

Diagnostic errors fall under two main categories: misdiagnosis and delayed diagnosis. A misdiagnosis occurs when a provider incorrectly identifies a condition (for example, mistaking the symptoms of a heart attack for anxiety). A delayed diagnosis, on the other hand, involves an undue delay in reaching the correct diagnosis, which can critically delay treatment and significantly impact recovery. These errors can lead to serious patient harm, especially when they delay a patient’s access to timely and potentially life-saving treatment. For instance, if a doctor fails to diagnose cancer in a timely manner, the patient may miss a critical treatment window, allowing the disease to progress unchecked. 

If you or a loved one has suffered serious harm due to a delayed diagnosis in the greater Seattle area, you may have grounds to pursue a medical malpractice lawsuit. Working with a highly qualified and experienced Washington medical malpractice lawyer can help secure the compensation you deserve. At Menzer Law Group, our dedicated legal team provides compassionate, strategic representation to every client. Because we are deliberately selective in the cases we take on, we are able to focus our full attention and resources where we can make the greatest impact. What follows is an exploration of common causes behind delayed diagnoses, how they may constitute medical malpractice, and what steps you can take to file a legal claim in Washington state to recover the costs of your physical, mental, and emotional recovery. 

A female doctor looks at x-ray scans of a person's head on the wall of a hospital.

What Causes Delayed Diagnoses in Washington State?

Delayed diagnoses can result from a variety of factors, often involving distracted, overworked, or negligent healthcare providers. According to research, approximately “5% of U.S. adults are estimated to experience a diagnostic error every year in the ambulatory setting, with about half being potentially harmful.” While misdiagnoses and delayed diagnoses can happen to any patient for multiple reasons, below are a few of the common contributing factors.  

Time Constraints For Medical Professionals

The COVID-19 pandemic strained the healthcare system in many ways, and the ongoing nursing shortage continues to compromise patient safety throughout the country. With fewer medical professionals available during any given shift, doctors and nurses often struggle to spend adequate time with every patient. This time pressure can lead to rushed evaluations, missed symptoms, and a failure to order necessary diagnostic tests – ultimately increasing the risk of a delayed or missed diagnosis. When healthcare providers are unable to meet the standard of care due to systemic constraints, patients may suffer serious harm from delayed medical treatment.

Testing and Lab Mix-Ups

Even when the correct diagnostic tests are ordered, errors can still occur. Test results may be misinterpreted, mislabeled, or inaccurately reported, leading to a failure to diagnose or a delayed diagnosis. Without the correct diagnostic information, healthcare providers cannot provide the patient with an accurate diagnosis and deliver appropriate treatment, which can result in serious harm to the patient.

Failure to Follow Up on Abnormal Test Results

When a healthcare provider receives abnormal test results, they have a duty to review and act on that information promptly. Failing to follow up, whether by not informing the patient, not ordering additional testing, or not initiating appropriate treatment, can result in delayed care and serious health consequences. This type of oversight may constitute medical malpractice if it leads to harm that could have been prevented with timely intervention. 

Poor Communication Among Medical Providers

Although medical centers and hospitals have established protocols to ensure consistent and effective communication among team members, breaches of these guidelines can lead to serious patient harm. 

For example, during a patient handoff, one provider may fail to document or relay critical symptoms or test results to another provider. This lapse can disrupt continuity of care, delay treatment, and increase the risk of a missed or incorrect diagnosis.

Physician Biases and Fatigue

Recent studies have highlighted how implicit bias can negatively impact the physician-patient relationship. Unconscious bias may lead some doctors to minimise or dismiss symptoms reported by patients from certain racial or ethnic backgrounds, increasing the risk of delayed or incorrect diagnoses. Additionally, medical professionals who are fatigued due to long shifts or high patient loads can be more prone to errors or oversights. Both bias and burnout can significantly compromise the standard of care and lead to preventable harm.

When is a Delay in Diagnosis Considered Medical Malpractice in Washington State?

Not every delayed diagnosis is automatically considered an incident of medical malpractice. In Washington, a successful medical malpractice claim involving a delayed diagnosis must meet specific legal criteria. First, the patient must establish that a doctor-patient relationship existed, creating a duty of care. Next, it must be shown that the healthcare provider breached the standard of care, meaning their actions fell below what a reasonably competent provider would have done under similar circumstances. The third element requires proving that this breach directly caused harm to the patient. Finally, the patient must demonstrate that they suffered measurable damages – such as physical injury, emotional distress, or financial loss – as a result of the delay. If you or a loved one have suffered serious harm from delayed medical treatment in Washington state, it’s important to understand your legal rights and options. The experienced team at Menzer Law Group offers complimentary case evaluations to help you determine whether you have a valid claim under Washington’s medical malpractice laws.

A doctor writes on a pad of paper at a desk in front of a laptop next to a stethoscope.

Common Conditions Affected by Delayed Diagnosis in King County

While some delays in diagnosis may not significantly impact a patient’s long-term health, others can have devastating, and even life-threatening, consequences. When aggressive conditions go undiagnosed, they may progress to more advanced or untreatable stages. For example, a delayed cancer diagnosis can prevent timely intervention, which is critical to combat the spread of the disease. Similarly, symptoms of heart attacks or strokes are sometimes misdiagnosed or dismissed, resulting in missed opportunities for critical care. Other serious conditions that may worsen due to delayed diagnosis include internal bleeding, traumatic brain injuries, and pediatric illnesses. In cases where early detection is essential, any delay can lead to irreversible harm and may form the basis for a medical malpractice claim.

Can I Sue For Delayed Diagnosis in Washington State?

If you’ve suffered serious harm due to a healthcare provider’s failure to diagnose your illness or condition in a timely and accurate manner, you may have grounds to file a medical malpractice lawsuit in Washington. As you explore your legal options, it’s important to consider the types of evidence you will need to present to build a strong delayed diagnosis claim. A successful delayed diagnosis claim requires clear evidence that the delay in diagnosis resulted from negligence and directly caused harm that would otherwise have been avoidable. Expert medical witnesses play a crucial role in these cases by defining the standard of care that the provider owed to their patient and explaining how the provider’s actions breached this duty of care. Supporting documentation, such as medical records, test results, and treatment timelines, can help demonstrate how the delay worsened your condition or led to additional complications. It’s also essential to act within the statute of limitations. In Washington state, you generally have three years from the date of the negligent act, or one year from the date you discovered (or should have discovered) the injury. To explore your legal options and protect your right to compensation, contact a trusted Washington failure to diagnose lawyer at Menzer Law Group for a complimentary case evaluation.

Learn More About Your Legal Options Today

Medical professionals have a legal and ethical duty to meet an established standard of care when treating their patients. When they fail to uphold this duty of care through negligent action or inaction, patients can suffer serious and preventable harm. At Menzer Law Group, we are deeply committed to holding negligent providers accountable and securing justice for those affected by medical malpractice. Our team offers personalised, strategic representation tailored to your unique circumstances. By intentionally limiting the number of cases we accept, we’re able to devote our full attention and resources to achieving the best possible outcomes for our clients. If you believe you’ve been seriously harmed by a delayed diagnosis due to a healthcare provider’s negligence, we encourage you to reach out to our Seattle office today at (206) 903-1818 for a complimentary case evaluation.

Disclaimer: We share these blog posts to provide helpful, general information-but they’re not intended as legal advice. Reading this content doesn’t create an attorney-client relationship. If you have questions about a specific situation, we encourage you to reach out to a qualified attorney.

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