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The Lawrence Firm Blog

When can a delayed diagnosis lead to compensation?

When you have a consultation with a medical professional in the state of Kentucky, you will expect that they will make an assessment to correctly establish the cause of your symptoms. Often, obtaining a diagnosis can take some time, especially if you are suffering from a rare condition that needs specialized attention. However, any delay in diagnosing a condition can mean that time is wasted, and in this time, the condition can progress and worsen.

While some delay in a diagnosis is unavoidable by even the most competent of medical professionals, some delays could be down to the negligent practices of the doctor or the hospital. If you believe that your health and prognosis has suffered as the result of an avoidable delay in diagnosis, you may be successful in making a legal claim.

How can I prove that my delayed diagnosis was the result of medical malpractice?

Errors happen in the medical profession, and these errors are sometimes made by the most competent of doctors. This is because the process of assessment and diagnosis depends on different variables.

Doctors need to make judgments based on the most likely and plausible scenario. However, sometimes the most plausible scenario is not the correct one. In the majority of cases, these errors are not subject to legal action, because doctors followed protocol and acted in the most professional way possible.

An error in diagnosis can only be subject to a successful legal claim if it can be shown that negligence was present. For example, if you can show that the doctor who treated you failed to investigate a glaringly obvious possible diagnosis that any competent doctor would have looked into, you would likely be able to take action. In addition, you should be able to show that the doctor’s failure to act competently led to actual damages, for example, the progression of your condition or the worsening of the prognosis.

If you have suffered as a result of a delayed diagnosis in the state of Kentucky, you may be able to gain financial compensation. Make sure that you take action to understand the law.


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We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.