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October 31st, 2025
Finding out that a medical provider failed to promptly identify your condition can be devastating, as a delay could result in irreversible damage, a worsening illness, or fewer available treatment options. You may be left wondering whether you can sue for a delayed diagnosis in West Virginia.
Bordas & Bordas Attorneys, PLLC, has worked with many individuals facing similar circumstances and could examine your case to determine whether you have cause for legal action. You deserve answers, and we could help you get them. Contact us today to schedule a consultation with our team.
Not every missed diagnosis results in a lawsuit. However, a delay caused by medical negligence and resulting in preventable harm may be grounds for a medical malpractice claim. A delayed diagnosis occurs when a healthcare provider fails to detect a condition within a reasonable timeframe, allowing it to worsen unnecessarily.
Under West Virginia Code § 55-7B-3, you could sue healthcare providers whose negligence directly caused your injury. To pursue compensation, you must establish that the provider had a duty of care through a provider-patient relationship, breached the accepted standard of medical care, and caused harm as a result.
Pursuing a delayed diagnosis lawsuit is rarely straightforward, making it important to seek assistance from an experienced West Virginia attorney.
In most cases, patients in West Virginia have two years from the date they discover or should reasonably have discovered the harm caused to file a delayed diagnosis claim. This deadline is governed by W. Va. Code § 55-7B-4.
Another element of the process is the Certificate of Merit, which requires you to obtain a statement from a qualified medical expert supporting your belief that malpractice occurred. Our firm helps clients gather this and other evidence as part of a complete case evaluation.
Delayed diagnoses are not just a matter of individual harm—they also reflect broader access issues in rural areas. In regions with limited healthcare facilities, patients may face longer wait times for specialists or diagnostic tests. This lack of timely care often means that treatable conditions become much more serious before they are addressed.
When local doctors or clinics in West Virginia fail to act promptly to make a diagnosis, legal action could hold them to account. While this may enable personal recovery, it also helps raise standards of care in underserved areas.
If your missed diagnosis claim in West Virginia is successful, you could recover both economic and non-economic damages, including:
Recently, our firm helped a patient recover a substantial settlement after a delayed cancer diagnosis, allowing them to afford vital treatment and focus on healing, rather than worrying about how to pay for their medical care.
So, can you sue for a delayed diagnosis in West Virginia? The answer depends on the specifics of your case, and a seasoned medical malpractice lawyer could help determine how you should proceed. If you believe that a doctor or medical facility failed to diagnose your condition in time, our team is ready to listen and take action. Schedule a free consultation with our team today to begin holding the provider or their insurance company financially accountable.
