When you visit a doctor, you expect answers. You trust that your symptoms will be taken seriously, tests will be ordered, and treatment will start as soon as possible. But when a diagnosis is delayed, that may shatter your trust, along with your health. Delayed diagnoses are a serious medical error that could lead to prolonged suffering, permanent damage, or even death. If you have been affected by this kind of negligence, it is important to work with an experienced medical malpractice attorney so that you understand your legal options. A Tulsa delayed diagnosis lawyer could help.
A delayed diagnosis happens when a health care provider fails to identify a medical condition in time, postponing necessary treatment. Some of the most commonly delayed diagnoses include:
Each of these conditions can become far more dangerous, or even fatal, if not caught early. For example, a delayed cancer diagnosis could allow the disease to spread to other organs. A missed stroke or heart attack could result in long-term disability or death. Even a delay in diagnosing a serious infection, such as sepsis, can cause widespread organ damage within hours.
In Oklahoma and specifically Tulsa, a delayed diagnosis may be grounds for a medical malpractice claim, and you need a seasoned lawyer on your side. These cases typically require proof that the doctor or medical provider failed to meet the accepted standard of care in diagnosing your condition, this failure caused you harm, and the harm resulted in damages. These damages can include:
The state law allows two years to file a medical malpractice claim from the date you found out or reasonably should have known about your condition. This timeline can be complicated, especially if symptoms did not show up right away, so speaking with a knowledgeable attorney early on is a good idea.
One of the most important elements of a delayed diagnosis case is expert testimony. Typically, another doctor—usually one with the same specialization as the provider being sued—needs to explain what should have been done differently and how the delay caused further harm.
In Oklahoma, you are required to submit an expert affidavit at the start of a medical malpractice case to confirm there is a valid basis for the lawsuit. This expert plays a key role in showing how the provider’s actions deviated from the standard of care and what those decisions cost. A trusted delayed diagnosis attorney in Tulsa can explain all of this to you.
With the help of a delayed diagnosis attorney in Tulsa, if your case is successful, you may be entitled to compensation for both economic and non-economic damages. Economic damages cover out-of-pocket losses such as hospital bills, medications, rehabilitation, and income that was lost because you could not work. Non-economic damages include things like physical pain, emotional distress, and the impact your condition has had on your day-to-day life. The state previously had a $350,000 cap on non-economic damages, but that cap was struck down in 2019. This means your compensation could now reflect the full extent of your suffering.
If you suspect you have been harmed by medical negligence, start by seeking a second opinion from a Tulsa delayed diagnosis lawyer. Delayed diagnosis cases are complex, but if a provider’s mistake cost you time, health, or peace of mind, you deserve answers. Make sure your current condition is stable and that your care is back on track first. Then, gather medical records, test results, and notes from your doctor before contacting a qualified attorney who handles medical malpractice. A good lawyer will help you understand whether you have a case, what it is worth, and how to move forward from there.
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