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A missed or delayed diagnosis can have devastating consequences, turning a treatable condition into a life-threatening one. According to a PubMed study, there are approximately 795,000 annual cases of permanent disability or death due to diagnostic errors in the U.S. Indiana law allows individuals harmed by medical negligence to seek legal recourse.
In these cases, a medical malpractice claim can provide financial compensation. However, Indiana’s medical malpractice system has unique procedural requirements you must meet. Here, our team of experts at Christie Farrell Lee & Bell explains when a missed or delayed diagnosis qualifies as medical malpractice and what legal options are available.
When Is a Missed or Delayed Diagnosis Considered Medical Malpractice?
Doctors and healthcare providers must adhere to established medical standards when diagnosing patients. If a physician fails to follow these protocols and causes harm, they may be liable for medical malpractice.
However, not every misdiagnosis is considered negligence. To prove medical negligence, the following elements must be established:
- A doctor-patient relationship existed, so the physician had a duty to provide care.
- The doctor failed to act competently and the misdiagnosis resulted from a failure to follow accepted medical practices.
- The patient suffered harm, since the delayed or missed diagnosis led to serious health complications or worsened the condition.
Medical providers often defend themselves by arguing that the condition was difficult to detect or that earlier treatment wouldn’t have changed the outcome. To challenge these defenses, our attorneys collect extensive medical evidence and expert testimony, proving the provider’s negligence directly contributed to the patient’s suffering.
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Common Types of Delayed Diagnosis Cases in Indiana
Misdiagnosis is one of the top causes of medical malpractice. While any condition can be misdiagnosed, some cases are more common than others.
Cancer Misdiagnosis
Early detection is critical in cancer treatment, yet some cancers are frequently overlooked, leading to advanced-stage diagnoses. Lung, breast, and colorectal cancers are among the most commonly misdiagnosed, reducing treatment options and lowering survival rates.
Stroke and Heart Attack Misdiagnosis
Many stroke patients are misdiagnosed with migraines or vertigo, leading to delays in life-saving treatment. Similarly, heart attacks are sometimes mistaken for indigestion or anxiety. When doctors fail to order tests like EKGs or CT scans, patients may suffer long-term disabilities or fatal complications.
Infections and Sepsis
Early diagnosis of bacterial infections is crucial to avoid sepsis, a life-threatening condition that can result in organ failure. If a doctor fails to recognize infection symptoms or prescribe appropriate antibiotics, the patient’s health can deteriorate rapidly.
Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE)
Blood clots can be fatal if not diagnosed in time. A failure to identify and treat DVT or PE can result in life-threatening complications, including heart failure. In one case result, our firm secured a $1,250,000 settlement for a patient whose undiagnosed DVT and PE led to fatal consequences.
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How to Prove Negligence in a Medical Misdiagnosis Case
Establishing negligence in a misdiagnosis case requires strong evidence and expert analysis. Some of the key elements we use to prove liability include:
- Expert testimony: Medical specialists evaluate whether the doctor’s actions deviated from the accepted standard of care.
- Medical records review: Examining test results, physician notes, and treatment history can reveal errors in diagnosis.
- Failure to order tests: If a doctor failed to request necessary imaging or lab work, they may be held accountable.
- Delays in referring to specialists: Patients with complex symptoms often require referrals, and failing to make one can be considered negligence.
Medical malpractice cases are highly technical, and attempting to file a claim alone can be challenging. The risks associated with filing a medical malpractice lawsuit without a lawyer include incomplete evidence, procedural errors, and undervalued settlements. Overall, an experienced attorney significantly improves the chances of a successful claim.
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Time Limits for Filing a Misdiagnosis Claim in Indiana
Under Indiana Code § 34-18-7, patients generally have two years from the date of the malpractice to file a lawsuit. However, claims involving government-employed doctors have shorter deadlines. If the doctor worked for a city, county, or state entity, you need to file a notice of claim within 180 to 270 days.
There are additional exceptions to the standard time limitations for medical malpractice cases in Indiana. If the victim is a minor, they have until their eighth birthday to file a claim. On the other hand, the discovery rule allows the deadline to start when the patient reasonably should’ve discovered the error (if a misdiagnosis wasn’t immediately apparent).
What Compensation Can You Recover for a Medical Misdiagnosis?
The most you can recover in a medical malpractice case depends on various factors, including the severity of harm and applicable legal limits. For example, Indiana law caps total compensation at $1.8 million for malpractice cases.
Compensation typically includes:
- Economic damages covers medical expenses, rehabilitation, and lost wages if the misdiagnosis affected employment.
- Non-economic damages includes pain and suffering, emotional distress, and reduced quality of life.
- Punitive damages are only awarded in cases of gross negligence, such as ignoring critical test results or falsifying medical records.
Contact an Indiana Medical Malpractice Lawyer for a Free Consultation – Serious Injury Isn’t One Thing We Do – It’s All We Do
If a missed or delayed diagnosis led to serious harm or the loss of a loved one, legal action may provide the financial relief you need. As shown in our case results, Christie Farrell Lee & Bell has successfully represented countless medical malpractice victims in Indiana since 1993, securing substantial settlements:
- $3,080,000 – Failure to diagnose a tumor from an MRI.
- $1,197,500 – Improper diagnosis and surgical care causing facial disfigurement.
- $1,250,000 – Failure to diagnose and treat DVT and PE, leading to death.
- $1,200,000 – Misdiagnosis of hypertension resulting in a debilitating stroke.
Our medical malpractice lawyers work with top medical experts to investigate errors, build strong claims, and fight for the maximum compensation available. From handling complex insurance negotiations to preparing for trial, we’re committed to hold negligent healthcare providers accountable.
Contact us for a free case review and discuss your legal options today! We don’t charge any fees unless we win your case.
Call 317-488-5500 or complete a Free Case Evaluation form