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What to Do When a Diagnosis Initially Missed Shows Up in Developmental Tests

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When you bring your child for a developmental screening, you expect reassurance that everything is on track or clear guidance if something isn’t. These tests can uncover delays in speech, motor skills, learning, or social interaction that may point to an underlying condition. Sometimes a diagnosis made during one of these screenings reveals that the warning signs had been there for months, or even years, but were overlooked.

If this happens, it can be a deeply unsettling moment. You may find yourself asking whether the delayed pediatric diagnosis was preventable, if earlier intervention could have changed the outcome, and most importantly, what steps you should take next.

How Missed Diagnoses Happen in Pediatric Care

In pediatric medicine, timing is often critical. Many conditions have the best outcomes when they are identified and treated early. Unfortunately, missed diagnoses can occur for several reasons, such as:

  • Dismissing symptoms as “normal variations.” Developmental milestones can vary, but persistent concerns that are not evaluated can result in missed opportunities for treatment.
  • Failing to gather a complete medical history. Missing key details about birth, early health, or family history can cause providers to overlook warning signs.
  • Not ordering necessary follow-up testing. Early warning signs sometimes require imaging, lab work, or specialist referrals that never happen.
  • Breakdowns in communication among providers. When specialists, pediatricians, and schools do not share information promptly or effectively, delays in diagnosis can occur.

In many cases, when these oversights occur, the child’s developmental screening becomes the moment when the true diagnosis finally comes to light.

Why Developmental Screenings Can Uncover Missed Conditions

Standard developmental screenings are typically performed at ages 9, 18, 24, and 30 months, with additional assessments again in early school years. These evaluations are designed to identify concerns early and can reveal:

  • Autism spectrum disorder (ASD) indicators.
  • Signs of cerebral palsy linked to complications during pregnancy, labor, or delivery.
  • Hearing or vision impairments that impact learning or speech development.
  • Genetic or metabolic conditions that affect growth and motor skills.
  • Neurological disorders linked to complications during birth, infancy, or early childhood.

When results of a screening test uncover a condition that should have been detected sooner, parents may start questioning whether the delay affected available treatment options, therapies, or their child’s long-term health.

What to Do If a Diagnosis Was Missed

If your child receives a diagnosis during a developmental screening and you believe the signs were present earlier, you may want to take the following actions:

  • Obtain all medical records. This should include birth records, pediatric visits, specialist reports, and any hospital or urgent care records.
  • Document your observations. Write down when you first noticed symptoms or delays, as well as any concerns you raised with healthcare providers.
  • Ask for clarification. Request that your pediatrician explain why the condition was not identified earlier and whether earlier detection would have changed your child’s treatment plan.
  • Seek a second opinion. A specialist may be able to confirm the diagnosis and provide insight into whether earlier intervention could have made a difference.
  • Understand your legal rights. If the delay resulted from negligence and caused harm, a missed or delayed pediatric diagnosis may be grounds for a medical malpractice claim, depending on the facts of your case and applicable law.

How Medical Malpractice Law Applies to Delayed Diagnosis Cases

In New Jersey, proving medical malpractice in a delayed pediatric diagnosis case generally requires showing that:

  • The healthcare provider had a duty to deliver care that met accepted medical standards.
  • The provider breached that duty by not ordering appropriate tests, not referring your child to a specialist when needed, or not responding appropriately to signs and symptoms that warranted further investigation.
  • The delay in diagnosis caused harm to your child that could have been prevented or significantly reduced if the condition had been identified and treated sooner.

One of the first things we look at in a delayed diagnosis case is the timeline. In New Jersey, you typically have two years from the malpractice incident, or from when it reasonably should have been discovered, to file a claim. For children, certain exceptions apply. In New Jersey, birth injury claims can generally be filed until your child’s 13th birthday. For most other pediatric malpractice cases, you have up to two years after your child turns 18. Missing these deadlines can close the door on your legal options, which is why it’s important to act promptly if you suspect a delayed diagnosis.

Moving Forward After a Delayed Pediatric Diagnosis

Discovering a condition later than it should have been found can be a difficult moment for any parent. It often brings a mix of emotions: relief at having answers, frustration about lost time, and concern about what comes next. The good news is that once the diagnosis is in hand, you can focus on securing the right medical care, therapies, and educational support to give your child the best path forward.

If you are in New Jersey and believe your child’s diagnosis may have been delayed, it can help to understand both the medical aspects of their condition and the legal options that may be available to you. We invite you to explore the resources on this site to learn more about why delays happen, how they can affect your child’s care, and what you can do now to protect their future.

We help families in New Jersey, New York, and across the country navigate the challenges of pediatric medical malpractice. If you believe your child’s diagnosis was delayed, you can contact us to arrange a confidential consultation. We can review your situation, explain your legal options, and help you decide on the best next steps for your family.

Disclaimer: This article is for informational purposes only and is not legal advice. Every situation is unique, and outcomes can vary based on specific facts and applicable laws. Reading this information does not create an attorney-client relationship with Fronzuto Law Group. To receive guidance about your particular circumstances, please consult a qualified medical malpractice attorney.

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  • How do I know if my child has a pediatric malpractice case?

    If your child suffered an injury, complications, or a medical condition resulting from medical negligence, you may have grounds for a pediatric malpractice or birth injury lawsuit. Learn more.

  • How can I get help to pay for my child's medical bills?

    If a doctor, nurse, hospital, or other healthcare provider failed to provide adequate care for your child and they suffered harm, you can pursue compensation for medical expenses, pain and suffering, and more. Find out about damages.

  • How long do I have to file a pediatric malpractice claim?

    The statute of limitations to file a medical malpractice lawsuit varies from state to state. The time limits may begin when your child's condition is identified, not necessarily when it occurred. Contact us for information that applies to your child's specific case.

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