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Delayed Diagnosis Attorney in Rochester

doctor leaning against the wall in hospital corridor.As a patient, you should trust that your doctor will tell you if you face a dangerous or life-threatening medical condition such as cancer or heart disease. Doctors and medical professionals betray that trust and cause potentially devastating harm when, due to their negligence, they fail to timely diagnose medical conditions, inform patients of their options and begin a course of treatment that is aimed at improving the patient’s health.

New York follows what is commonly called the “loss of chance” doctrine. Under this doctrine, a patient may be eligible to recover compensation if the patient can show that a delayed diagnosis occurred due to medical malpractice and, as a result of this delay, the patient suffered harm such as the diminished chance of survival, costlier medical treatment and greater exposure to pain and suffering. If you believe that you or a loved one suffered this type of harm due to a delayed diagnosis at a hospital or clinic, you should seek legal assistance from a Rochester medical malpractice law firm, as soon as possible.

What is a Delayed Diagnosis?

A delayed diagnosis can occur when a doctor fails to identify a patient’s serious or fatal medical condition. However, not all failures to diagnose a medical condition resulting in a legal claim. Medical professionals can make diagnostic mistakes even when they exercise reasonable care.

A delayed diagnosis may give rise to a medical malpractice claim if a reasonably prudent, similarly trained medical professional would have detected the patient’s condition in the same or similar circumstances, and the delay in the diagnosis causes a patient to suffer injury. For instance, the delay may worsen the patient’s prognosis. It may ultimately cause the patient’s death.

A delayed diagnosis of cancer is an example. A physician may fail to recognize a patient’s symptoms, order appropriate tests or refer the patient to an appropriate specialist. However, another physician with the same training and experience would have taken those steps and made a correct, timely diagnosis. As a result of the doctor’s negligence, the patient’s treatable cancer may go undiagnosed until it progresses to a point where it becomes far more difficult or impossible to treat.

A harmed patient or surviving family members may establish a delayed diagnosis claim by showing that a medical professional failed to include the correct diagnosis on a differential diagnosis list when another professional would have done so under similar circumstances, or that the professional included the diagnosis but failed to perform appropriate tests or refer the patient to appropriate specialists to properly investigate the viability of the diagnosis.

How Can Our Attorneys Help You After a Delayed Diagnosis?

For more than three decades, the attorneys of Powers & Santola, LLP, have fought for justice on behalf of clients who suffered serious injury or the loss of a loved one due to medical malpractice, including cases involving the delayed diagnosis of a medical condition. Several of our attorneys have been recognized by The Best Lawyers in America for their excellence in the field of medical malpractice law, and our firm has been noted as one of the “Best Law Firms” in this practice area.

Lawyer seriously working at his law office.If you believe that you or a loved one has suffered harm due to a delayed diagnosis, we will listen to you, review your medical records, thoroughly investigate what happened and consult with highly knowledgeable medical professionals about your case. If we move forward together, our attorneys will work tirelessly to pursue full and fair compensation for you and your family. To learn more, contact us today to discuss your case in a free and confidential consultation through our conveniently located Rochester office.

What Are Examples of a Delayed Diagnosis?

Any medical condition can be subject to a delayed diagnosis by a medical professional. Some of the common causes of delayed diagnosis that our law firm’s attorneys see include:

The attorneys of Powers & Santola, LLP, have represented numerous clients in cases which involved diagnostic errors, including:

Every diagnostic error case is different. They involve different facts and circumstances. Many cases present highly complex legal issues. For a review of the specific details of your case, contact our Rochester office today.

Why Does a Delayed Diagnosis Occur?

A delayed diagnosis can occur for many different reasons. Some of the most common causes are a doctor’s failure to:

A delayed diagnosis may also occur due to miscommunication, an unreasonably long delay in getting test results back to a doctor or the loss of test results. The problem could be systemic. For instance, a hospital may understaff departments such as the emergency room. Overworked, highly stressed medical professionals can be highly prone to mistakes such as missing a diagnosis. A hospital may also lack certain protocols or fail to enforce existing protocols. In some cases, a lack of adequate equipment can lead to a delay in diagnosis.

The medical malpractice lawyers of Powers & Santola, LLP, can review your specific case and determine whether you or your loved one was the victim of medical negligence. If we determine that your case has merit, we will advise you of your legal rights and the options we can help you to pursue.

What Damages Can You Recover in a Delayed Diagnosis Claim?

As with all personal injury claims, the potential damages for a legal claim based on a delayed diagnosis include:

If a delayed diagnosis causes the wrongful death of a loved one, the attorneys of Powers & Santola, LLP, will pursue different types of damages on behalf of eligible surviving family members. Those damages may include funeral and burial expenses as well as the loss of support, assistance and possible inheritance.

Our Rochester Delayed Diagnosis Attorneys Can Help You

If you believe that you or a loved one suffered harm from a delayed diagnosis in Rochester or a surrounding community in New York, the experienced medical malpractice lawyers of Powers & Santola, LLP, want to help you. Call or reach us online today. We will review your case in a free and confidential consultation.

Rochester Practice Areas

Medical Malpractice | Wrongful Death | Delayed Cancer Diagnosis | Workplace Accident | Personal Injury | Product Liability | Nursing Home Abuse | Sexual Abuse | Child Victims Act | Auto Accidents | Premises Liability | Construction Accident | Catastrophic Injuries


I found Powers & Santola to be very helpful in the explanation of all aspects of my legal action. I was treated with respect and compassion.

- David

Our Attorneys

  • Margie Soehl
  • John Powers
  • Michael Hutter
  • Daniel Santola
  • Laura Jordan
  • Amber L. Wright
  • Kelly C. Wolford