The majority of medical providers treat each patient with the care and attention they deserve. These professionals know how to use their experience and knowledge to order appropriate diagnostic tests, interpret the results, and accurately diagnose any issues that the patient may have. Prompt diagnoses are critical in developing a treatment plan that maximizes its effectiveness and supports patient health outcomes. However, diagnostic errors can and do occur, some of which can have substantial and even catastrophic consequences for patients. According to a 2023 study, “An estimated 795,000 Americans become permanently disabled or die annually across care settings because dangerous diseases are misdiagnosed.” There are several reasons that misdiagnosis occurs, the primary of which is “cognitive error on the part of the doctor.” This happens when a medical professional misses or ignores symptoms that are not typical signs of the disease or dismisses certain symptoms as signs of a milder issue (like dizziness as a symptom of dehydration, not a stroke). In some cases, delayed diagnoses or misdiagnoses occur because of bias (such as ignoring signs of a stroke in a young or underweight patient). When a doctor fails to diagnose an illness or medical condition in a timely manner, the delay in care can threaten the patient’s long-term health and may even prove fatal, such as failing to make a cancer diagnosis with enough time for the patient to undergo potentially life-saving treatment.
If you or someone you love has experienced a misdiagnosis or delayed diagnosis in the greater Seattle area, it’s essential that you explore your options for addressing this situation and recovering the damages you need to account for this egregious breach in care. The highly qualified and caring legal team at Menzer Law Group is committed to working alongside every client we serve to determine the most effective and strategic course of action. We are deliberately selective about the medical negligence cases we take on so that we can channel our efforts into the cases where we find we can make the most significant impact. We invite you to schedule a complimentary case review with us at your earliest convenience.
What Constitutes Medical Negligence in Ignoring Test Results?
Ignored and/or misinterpreted test results may be malpractice under Washington law. Under RCW 7.70.030, a patient needs to establish at least one of the following in order to move forward with a medical malpractice claim: “(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care; (2) That a health care provider promised the patient or his or her representative that the injury suffered would not occur; (3) That injury resulted from health care to which the patient or his or her representative did not consent.” In order to pursue a medical negligence claim, you and your Washington medical malpractice lawyer will need to present four essential elements, which are explored in brief detail below.
A Doctor-Patient Relationship Existed
To hold a medical provider responsible for a delayed diagnosis or other forms of medical negligence, you will need to show that you were a patient entrusted into their care at the time. For instance, you can point to correspondence between you and the medical office or hospital, as well as the intake and consent forms you completed to demonstrate that you were an enrolled patient seeking medical care.
The Medical Provider Failed to Uphold the Duty of Care Owed to You
All medical providers owe a duty of care to the patients they take on. This means that they are professionally obligated to meet acceptable medical standards of care, and a breach of this standard of care may make them liable for errors or acts of negligence that occur. You can show that the provider’s care fell below acceptable medical standards by providing expert witness testimony from a doctor in the same specialty area that explains how other medical professionals in the same circumstances would have reasonably behaved and how the defendant deviated from this professional standard.
Establishing Causation
Next, you will need to draw a direct line between the breach of care and the harm suffered as a result of this negligence. For example, it can be considered medical negligence if a doctor missed results that would have identified the presence of cancer, allowing the patient to begin treatment immediately. A delay in diagnosis could mean a potentially life-threatening delay in treatment, leading to worse health outcomes and significant patient harm.
Making the Case For Damages
The final component of a medical negligence claim in Washington state is showing that the patient incurred damages as a result of the medical provider’s breach of the standard of care. Damages may include medical costs, hospital bills, pain and suffering, loss of income, and other costs associated with the delayed diagnosis or misdiagnosis.
Common Scenarios Involving Ignored or Missed Test Results
As we’ve mentioned above, delayed cancer diagnoses are some of the most serious instances of medical negligence. Untreated cancer can progress rapidly, even moving beyond an easily treatable stage due to delays in diagnosis or diagnostic errors. Other medical misdiagnosis cases can develop from a provider’s failure to act on abnormal lab results or follow up with patients about the results of a test or evaluation. Some injuries, such as traumatic brain injuries (TBIs), may not display clear symptoms, which can leave patients vulnerable to misdiagnosis or a delayed diagnosis. Untreated brain injuries can cause substantial cognitive impairments, dizziness, emotional regulation issues, and other concerning symptoms that can increase the patient’s suffering. It’s also important to recognize that misdiagnosis cases can also involve the patient undergoing unnecessary or inappropriate medical treatment that can worsen their overall health. For instance, a patient who is mistakenly diagnosed or whose doctor ignored their test results may undergo unnecessary surgeries or take medications that lead to serious and adverse side effects or other health complications.
How to File a Medical Negligence Claim in Washington State
Whether your doctor’s failure to communicate test results has led to your deteriorating health or a medical provider has ignored your symptoms and deprived you of the medical care you need, it’s important to understand your legal rights and options in these situations. First, it’s a good idea to share your concerns with Seattle’s go-to medical malpractice law firm by arranging a complimentary case review to determine the most strategic course of action. Should your claim move forward, you can work with your compassionate and deeply committed legal advocates to compile evidence that supports your pursuit of the compensation you need and deserve. For instance, you can start to obtain and review your medical records to highlight the mistakes of the medical professionals who had a professional obligation to care for you. You may also seek out the testimony of medical experts who can shed light on the medical errors or breach of duty that occurred while you were in the care of the negligent doctor or healthcare professional. When you partner with a knowledgeable and experienced medical malpractice legal professional, you can trust that your well-being and best interests will be protected as much as possible.
Understanding the Impact of Delayed Diagnosis on a Patient’s Outcome
When a negligent healthcare professional dismisses your concerns or fails to diagnose a health condition or illness, the impact can be serious and extend far beyond your physical health. In addition to depriving you of the medical treatment you need, delayed diagnosis can lead to additional harm and worsen your prognosis over time. In some cases, a delay in treatment becomes a matter of life and death; the disease may progress beyond the point of effective treatment and even result in patient death. Coping with a delayed or missed diagnosis can cause substantial emotional distress, as you are left feeling betrayed by the negligent provider and struggling with anxiety, stress, anger, frustration, sadness, and other powerful emotions. As you begin to process the failure of the medical provider to treat you with the attentiveness and care you deserved, it’s essential to recognize that you do not have to go through this overwhelming experience on your own. With your loved ones by your side and a reliable legal advocate in your corner, you can move through this stressful time feeling valued and supported.
When it comes to your health, you deserve attentive and responsive care. Unfortunately, a negligent medical provider who misinterprets test results, fails to make an accurate diagnosis, or otherwise fails to uphold the duty of care owed to their patients can lead to worsening health conditions or delayed care. At Menzer Law Group, our team of dedicated and highly experienced legal professionals is ready to assess the specific details of your medical malpractice claim to identify the most strategic course of action. We are intentionally selective in the cases we take on so that we can devote our resources and expertise to those cases where we believe we can have the most profound and lasting impact. Please contact our Seattle, Washington office today at (206) 903-1818 to arrange a complimentary review of your claim.
