How Can You Overcome a Delay in Diagnosis in a Personal Injury Case?

In personal injury cases, a delay in diagnosis can complicate matters, but it does not mean the plaintiff cannot recover compensation. Delays can occur for several reasons, including delayed symptom onset, misinterpretation of imaging, or a failure to seek immediate care. Despite these challenges, a delay in diagnosis can be overcome with a strong legal strategy, medical evidence, and expert testimony.

Why Do Delays in Diagnosis Occur?

A delay in diagnosing injuries after an accident is not uncommon, and several factors can contribute to this, such as:

1. Delayed Onset of Symptoms: Certain injuries, particularly whiplash, concussions, or brain bleeds, may not present immediately. These injuries often develop over time and can worsen days or weeks after the accident.
2. Initial Misdiagnosis: Medical professionals might initially focus on visible or apparent injuries, neglecting underlying or subtle issues that may take time to surface. For example, a shoulder injury might be mistaken for a general strain instead of a rotator cuff tear.
3. Delayed Medical Attention: Victims sometimes delay seeking treatment, thinking their symptoms will subside, which leads to later diagnoses. This delay can make it more challenging to establish a direct link between the injury and the accident.

Legal Challenges of Delayed Diagnosis

Delays in diagnosing an injury introduce several legal hurdles:

• Causation: Proving that the injury was directly caused by the accident becomes more difficult as the delay between the event and the diagnosis increases.
• Credibility: Delayed diagnosis often invites challenges to the plaintiff’s credibility. Insurance companies or defense attorneys may argue that the injury is exaggerated or unrelated to the incident.
• Denial of Insurance Claims: Delays can lead to denials or reductions in insurance payouts, as insurers argue that the injury could have occurred after the accident.

Overcoming a Delay in Diagnosis

Despite these obstacles, there are several strategies to overcome a delay in diagnosis.

1. Expert Medical Testimony

In cases where there is a delay in diagnosis, expert medical testimony becomes crucial. A treating physician or specialist can explain why the injury wasn’t immediately apparent and why it was still caused by the accident. For example:

• A neurologist may testify that a brain bleed could develop over time following a car accident, explaining why the injury wasn’t diagnosed until weeks later.

Example Q&A with a Physician:

Attorney:
“Dr. Stevens, could you explain how Mr. Johnson’s shoulder injury, diagnosed weeks after the accident, was still caused by the collision?”

Dr. Stevens:
“Yes. Shoulder injuries like Mr. Johnson’s rotator cuff tear can present with mild discomfort initially and worsen over time. This type of injury is consistent with the trauma described from the car accident, even if symptoms appeared later.”

2. Consistent Medical Documentation

Even with delayed diagnoses, maintaining a record of ongoing symptoms and medical evaluations is vital. If a plaintiff sought medical attention, even for mild symptoms, the documentation of these visits supports the argument that the injury was sustained in the accident. This evidence shows that the victim didn’t ignore their injuries, but the full extent was revealed later.

3. Plaintiff Testimony

Testimony from the plaintiff can explain how their symptoms worsened over time and why they didn’t seek treatment right away. This personal account provides a timeline for the injury’s development, offering context for the delay in diagnosis.

The Role of Proximate Cause in Delayed Diagnosis Cases

To prevail in a personal injury case, plaintiffs must prove proximate cause, showing that the injury was a foreseeable result of the defendant’s negligence. In cases of delayed diagnosis, the defense may argue that other factors, such as pre-existing conditions or unrelated events, were responsible for the injury. However, with expert testimony and thorough medical documentation, plaintiffs can establish that the delay did not break the causal connection between the accident and the injury.

For example, a medical expert could explain how a delayed diagnosis of a brain injury was directly tied to the trauma experienced in the accident. Even with delayed symptoms, the injury remains a direct result of the defendant’s negligence.

Proving Pain and Suffering

Medical records also play a vital role in documenting pain and suffering, a non-economic damage in personal injury cases. Even with delayed diagnoses, medical records can include:

• Ongoing symptoms reported to healthcare providers.
• Treatment notes that indicate consistent pain or discomfort.
• Documentation of psychological effects, such as PTSD or anxiety resulting from the injury.

Overcoming the Defense’s Tactics

In cases with a delayed diagnosis, the defense often argues that the injury is unrelated or pre-existing. Overcoming this involves:

1. Expert Testimony: Medical professionals can explain how delayed symptoms are common with certain injuries and how trauma from the accident caused or worsened the condition.
2. Consistent Medical Records: Comprehensive records from follow-up appointments and treatments help rebut claims that the injury is exaggerated or unrelated to the accident.
3. Prior Medical Records: Pre-existing medical records help show that the injury is new or aggravated by the accident, proving that the delay does not negate the defendant’s liability.

Importance of Documentation

Thorough documentation is essential in overcoming delays in diagnosis:

• Medical records from every visit to a healthcare provider are necessary to show that the plaintiff continued to seek treatment.
• Patient journals or daily records of symptoms can be helpful in showing the progression of injuries, even with a delay in formal diagnosis.
• Following all treatment recommendations shows the plaintiff’s commitment to their recovery and supports their credibility.

“A delay in diagnosis can create challenges in a personal injury case, but it’s not insurmountable. Through expert medical testimony and careful documentation, we can show that the injury, even if diagnosed later, was caused by the accident. Our goal is to ensure that the plaintiff receives the compensation they deserve, despite any delays in medical treatment.” – John J. Malm, Naperville personal injury attorney

Using a Top-Rated Illinois Personal Injury Attorney to Build a Strong Case Despite a Delayed Diagnosis

A delay in diagnosis in a personal injury case presents challenges, but it does not prevent plaintiffs from receiving compensation. With the right strategy, including expert testimony and well-documented medical records, plaintiffs can overcome the hurdles posed by a delayed diagnosis. At John J. Malm & Associates, we understand how to navigate these complexities and ensure that our clients receive the compensation they deserve for their injuries, even when there is a delay in diagnosis.

If you or a loved one have been injured in an accident and are facing challenges related to a delayed diagnosis, contact the award-winning Illinois injury lawyers at John J. Malm & Associates today for a free consultation. We are here to guide you through the legal process and help you obtain the compensation you deserve.