A wrong or late diagnosis is only malpractice when two things are true: a reasonably competent provider following the standard of care would have caught it, and the delay changed your outcome. When both hold — a missed cancer that progressed, an infection that became septic, a heart condition dismissed as anxiety — Delaware law provides real recourse, and these are among the most consequential cases we handle.
Misdiagnosis Claims: Key Facts
- The standard of care test: Did the provider take an adequate history, order the indicated tests, follow up abnormal results, and consider what the symptoms required?
- Causation is the battleground: The defense will argue the outcome would have been the same anyway. Experts quantify what earlier diagnosis would have changed.
- Delaware requirements: An expert affidavit of merit must accompany the complaint (18 Del. C. § 6853); deadline is generally 2 years, extendable to 3 for undiscoverable injuries (18 Del. C. § 6856).
- No damages cap: Delaware has not capped compensatory damages in malpractice cases.
Where Diagnoses Get Missed
The recurring failure points: abnormal labs and imaging that no one communicates or acts on, symptoms attributed to a “safe” diagnosis without ruling out the dangerous one, no follow-up system when patients miss appointments, and handoffs between providers where findings fall through. Your medical records – which you are entitled to – usually show exactly where the chain broke.
We handle misdiagnosis cases against Delaware hospitals, practices, and providers statewide. Related: Medical Malpractice, Failure to Diagnose Cancer, Emergency Room Errors.
Misdiagnosis FAQs
How do I know if my misdiagnosis is malpractice?
You usually cannot know without an expert record review – which is exactly what a free case evaluation starts. Bring your records and timeline; we assess standard of care and causation.
The doctor eventually got the diagnosis right. Does that end the case?
No – the question is what the delay cost you: disease progression, lost treatment options, additional surgery, or reduced survival odds.
What if the missed diagnosis was years ago?
Delaware allows up to 3 years where the injury could not reasonably have been discovered within 2 (18 Del. C. § 6856). Timing analysis is technical – do not self-reject; call.
Believe a diagnosis was missed? Call (302) 297-7775 for a free, expert-driven case review.