Delayed medical test results can lead to devastating consequences. A delayed diagnosis or untreated condition can result in permanent injury—or even death. When this happens due to a healthcare provider’s negligence, the delay may legally qualify as medical malpractice under Pennsylvania law.
If you’re wondering whether you can take legal action for late biopsy results, uncommunicated imaging reports, or other test-related delays, this guide explains everything you need to know about malpractice lawsuits in Pennsylvania.
What Are Delayed Test Results in Medical Care?
Delayed test results refer to situations where a patient does not receive test findings in a timely manner. These delays can occur due to administrative errors, lab backlogs, or a failure to communicate results between departments or directly to the patient.
Why Do Delayed Test Results Matter So Much?
Time is a critical factor in diagnosing and treating medical conditions. A delay in test results can lead to:
- Missed treatment windows
- Disease progression
- Incorrect or no treatment
- Permanent damage or death
Can Delayed Test Results Be Considered Malpractice?
Medical malpractice occurs when a healthcare professional fails to follow accepted standards of care, and this failure causes injury or worsens a patient’s condition. A delayed test result is not automatically malpractice. It must involve a breach of duty and result in harm.
Examples of Malpractice from Delayed Test Results
Case 1: Delayed Biopsy Leading to Late Cancer Diagnosis
A patient undergoes a biopsy for a suspicious mass, but the results are delayed for several weeks. By the time the patient receives a diagnosis, the cancer has advanced to a later stage, requiring more aggressive treatment and reducing life expectancy.
Case 2: MRI Results Never Communicated After Emergency Visit
An emergency room orders an MRI, but the attending physician never follows up on the report. The patient is discharged and later suffers complications that could have been prevented with timely review and treatment.
How to Know If You Have a Malpractice Case in Pennsylvania
Three Legal Requirements for a Claim
To pursue a malpractice case, your situation must meet three legal criteria:
- A provider-patient relationship existed, establishing a duty of care.
- There was a breach of that duty, such as failing to communicate test results.
- The breach directly caused harm, such as a worsened condition or additional medical complications.
Who Is Responsible for the Delay?
Healthcare Providers Who May Be Liable
The following parties may be responsible in a delayed test result case:
- The ordering physician who failed to follow up
- Lab technicians who misplaced or delayed testing
- Radiologists who failed to flag abnormal findings
- The hospital system that failed to coordinate communication
How Communication Breakdowns Lead to Legal Risk
Many delayed test result cases stem from simple but costly communication failures. A doctor might assume someone else notified the patient. A lab might upload results to an internal system without confirming that a doctor reviewed them. These gaps can have catastrophic consequences and form the basis of a malpractice claim.
Legal Standards for Medical Malpractice in Pennsylvania
What Is the “Standard of Care”?
In legal terms, the “standard of care” is the level of competence expected from a healthcare provider in a given situation. Failing to act on test results in a reasonable time frame can violate this standard, especially if that delay leads to harm.
Understanding the Statute of Limitations
In Pennsylvania, you typically have two years from the date you discovered (or should have discovered) the injury to file a medical malpractice claim. Waiting too long can permanently prevent you from seeking compensation.
Exceptions exist, such as for minors (who may file until age 20) or cases involving concealed errors. However, every day counts, and seeking legal guidance early is essential.
Steps to Take if You Suspect a Delay Caused Harm
Step 1: Request Your Medical Records
Start by requesting copies of your full medical records. This includes:
- Test orders and timestamps
- Lab reports
- Doctor’s notes
- Discharge instructions
- Any communication between you and your healthcare team
Step 2: Write a Personal Timeline
Note when you had symptoms, when tests were ordered, and when—or if—you received results. Also document any worsening of your condition that occurred during that period.
Step 3: Consult a Pennsylvania Malpractice Lawyer
A qualified attorney can review your case, bring in medical experts, and advise you on whether you meet the criteria for a lawsuit. Most malpractice lawyers offer free consultations and only get paid if they win or settle your case.
What Happens During a Malpractice Lawsuit?
The Certificate of Merit
To file a malpractice claim in Pennsylvania, your attorney must obtain a Certificate of Merit. This is a sworn statement from a licensed medical expert who believes the care you received did not meet professional standards.
Filing the Complaint
Once the certificate is secured, your attorney will file a legal complaint in court. This document outlines your allegations, the harm suffered, and the damages you are seeking.
Discovery and Negotiation
Both parties exchange evidence in a process called discovery. Your attorney may attempt to negotiate a settlement, but if the provider denies responsibility or refuses fair compensation, the case may go to trial.
What Kinds of Compensation Are Available?
You may be entitled to compensation for:
- Additional medical expenses
- Lost income or ability to work
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Permanent disability or disfigurement
If a delayed diagnosis resulted in a death, surviving family members may pursue a wrongful death claim for funeral costs, loss of companionship, and future financial support.
Common Patient Struggles After Test Result Delays
Patients harmed by delayed test results often experience:
- Worsened medical conditions requiring more invasive treatment
- Emotional trauma from late diagnoses
- High medical bills and extended recovery periods
- Long-term disability or permanent impairment
- Frustration and helplessness due to lack of communication
Why You Should Speak to a Lawyer Right Away
Malpractice cases are highly complex. Pennsylvania law requires technical documents, expert testimony, and deep understanding of medical standards. A seasoned malpractice lawyer can handle this legal burden and give you the best chance at success.
Even if you’re unsure whether you have a case, an attorney can review your records and advise you at no cost. Don’t guess—get clarity and protect your rights.
Frequently Asked Questions About Delayed Test Results and Medical Malpractice in Pennsylvania
Can I sue a hospital or doctor in Pennsylvania for delayed test results?
Yes, you may be able to sue a hospital, physician, or healthcare provider in Pennsylvania if the delay in your test results was due to negligence and that delay caused you harm. In legal terms, the delay must have breached the standard of care expected from medical professionals and resulted in an injury, worsened condition, or additional treatment that could have been avoided with timely diagnosis.
How long do I have to file a malpractice claim for delayed diagnosis in Pennsylvania?
The statute of limitations for filing a medical malpractice lawsuit in Pennsylvania is generally two years. This two-year period begins either from the date the injury occurred or the date you discovered, or reasonably should have discovered, that the injury was linked to medical negligence. There are certain exceptions, such as cases involving minors or situations where the healthcare provider intentionally concealed the error. However, it is always best to act quickly and consult an attorney as early as possible to preserve your right to file.
Is a delay in test results always considered malpractice?
Not necessarily. A delay in test results alone is not automatically considered malpractice. For it to qualify legally, you must show that the delay was due to negligence—that is, the provider failed to meet the accepted standard of care—and that the delay directly caused measurable harm. If a delay occurred but did not change the outcome or lead to any injury, it may not constitute a viable malpractice claim.
What kind of compensation can I receive if my malpractice claim is successful?
If your malpractice claim is successful, you may be entitled to various types of compensation, including coverage for additional medical expenses, lost wages, reduced earning capacity, pain and suffering, emotional distress, and loss of quality of life. In cases involving severe injury or permanent impairment, settlements or jury awards can be substantial. If the malpractice resulted in death, surviving family members may also be able to pursue a wrongful death claim for damages.
What are some examples of test result delays that could lead to legal action?
Examples include a delayed biopsy report that leads to a late-stage cancer diagnosis, a radiologist failing to alert a physician about critical MRI findings, or lab results never being communicated to the patient until it’s too late to intervene effectively. If these delays result in harm that could have been avoided with timely action, legal action may be appropriate.
Final Thoughts: Hold Healthcare Providers Accountable
Delayed test results are not just administrative errors—they can lead to life-altering consequences. When medical professionals or healthcare institutions fail to act promptly and appropriately, patients have the right to seek justice.
Holding providers accountable not only compensates you for your loss, but also encourages safer practices in the healthcare system.
Contact Purchase, George & Murphey, P.C. Today
If you believe you’ve suffered due to delayed test results in Pennsylvania, the time to act is now. A qualified malpractice lawyer can help you understand your rights, investigate your case, and file a claim within the appropriate timeframe.
Don’t wait until it’s too late. Contact Purchase, George & Murphey, P.C. today for a free consultation and take the first step toward recovery and accountability.
