Failure to Diagnose
The Jesse Minc Law Group is a personal injury law firm comprised of experienced attorneys who can help patients injured by health care errors at various hospitals, clinics, and other facilities in New York City. Perhaps the most common – and, unfortunately, the most devastating – types of medical malpractice that occurs is a failure by a doctor to diagnose a harmful medical condition. This type of medical negligence can deprive a patient of their best chance for a cure, and can often result in delayed diagnoses of serious illnesses that, by the time they are discovered, have already wreaked permanent havoc upon the patient’s body.
We know how aggravating and life-changing it can be when a doctor fails to properly diagnose a medical condition, whether it is cancer, a heart attack, a stroke, or any other type of illness. Our Bronx misdiagnosis lawyers work tirelessly to ensure that medical professionals are made accountable for those mistakes. We have a track record of success that includes many victories in complex cases in the courtroom and at the negotiating table. Our attorneys are committed to guiding clients through the legal process with experience and personal attention.
Medical malpractice is a general term that applies to a wide range of mistakes and omissions by doctors and other health care professionals. The legal language that describes “medical malpractice” is a “deviation or departure” from accepted standards of medical care and treatment. That includes a failure to correctly and timely diagnose a patient when the patient’s test result, symptoms, or other evidence indicates that a particular diagnosis is appropriate. Whether a doctor simply fails to recognize that a patient is suffering from a particular impairment or misdiagnoses the person with another condition, these mistakes can have serious and lasting consequences. Simply put, a failure to properly diagnose a patient can mean that a person does not get the treatment that he or she needs to address a medical impairment. That can lead to significant injuries and even death in some cases.Suing for Medical Malpractice in the Form of a Misdiagnosis or Failure to Diagnose
A person injured by a failure to diagnose should know that they can retain a misdiagnosis attorney in the Bronx or surrounding communities to seek compensation from those responsible for their injuries. That usually means filing a lawsuit for medical malpractice in state court. Malpractice is a form of negligence; a person bringing this type of claim alleges that a doctor or another medical professional did not live up to a certain “standard of care” and that this failure caused the person to be injured. The specific standard of care applicable in any given case varies based on the circumstances, and standards of care in medical malpractice cases are always determined based upon the opinions of expert physicians in the same medical specialty as the doctor who is accused of malpractice.
To successfully sue for medical malpractice, you first need to file the lawsuit in time. State law imposes a 30-month (2.5 years) deadline to file a malpractice lawsuit. The clock usually starts to run at the time that the person is injured, but it may be extended in situations in which a person is getting “continuous treatment” for the same illness or condition from the same doctor or medical facility facing the malpractice allegation. Courts will dismiss any lawsuits filed after the statute of limitations deadline, and there is essentially no way around a statute of limitations. However, in the context of a failure to diagnose cancer, the recent advent of Lavern’s Law in 2018 in New York State now allows plaintiffs who claim medical malpractice due to a misdiagnosis of cancer an extension of their statute of limitations, which now, as of 2018, equals 2.5 years from the date of discovery of the misdiagnosis (i.e., 2.5 years from the date that the plaintiff was actually made aware, or should have become aware, of the cancer misdiagnosis).
To prove malpractice, your Bronx misdiagnosis attorney will be required to show that the medical professional that you are suing did not live up to the standard of care. In failure to diagnose cases, that means proving that a reasonable medical professional (the “average doctor” in the particular medical specialty) would have properly diagnosed your condition, whether a heart attack or appendicitis, under the same circumstances. Expert witness testimony showing that doctors would be expected to make an accurate diagnosis under the circumstances is essential, as such expert opinions are the way in which the standard of care is determined in medical malpractice lawsuits.
You also need to show that you were injured as a result of the malpractice. That may be because the failure to diagnose made your condition worse or because it opened you up to additional ailments. Proving causation requires detailed medical documentation. It is not enough to say that you have been hurt; your case must draw a clear line from the malpractice to your claimed injuries, otherwise you cannot recover in court. That is one of many reasons why it is vital to contact an experienced medical malpractice lawyer.Seek Guidance from a Misdiagnosis Lawyer in the Bronx Without Delay
At the Jesse Minc Law Group, we are dedicated to helping clients get the remedies that they need to move on from an incident of medical malpractice. Our attorneys are successful in court or at the negotiating table in more than 95 percent of the cases that we handle. Our lawyers are also ready and willing to assist clients with obtaining disability benefits, workers’ compensation, or Medicaid and Medicare payments. We serve people harmed by a failure to diagnose cancer, a heart attack, a stroke, and many other conditions throughout the Greater New York City area, including in Manhattan, the Bronx, Brooklyn, Queens, and Westchester, Nassau, and Suffolk Counties. We do not charge a fee in most cases unless we prevail. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla espanol.