Bronx Attorneys Skilled in Complex Misdiagnosis Claims
The medical malpractice lawyers at the Jesse Minc Personal Injury Law represent patients throughout the New York City region who have been injured as a result of health care mistakes, such as a failure to diagnose appendicitis and other forms of serious medical malpractice. We understand how painful and stressful it can be to go to a doctor to improve your health and wellbeing, only to come out feeling worse or with complications that may last a lifetime that you never bargained for. Our Bronx misdiagnosis lawyers have a strong track record of success for the people whom we represent. That includes both litigating medical malpractice cases in court and negotiating with defendants and insurance companies at the bargaining table. We are dedicated to guiding clients through the legal process with experience and personal attention that every serious medical malpractice case requires, and that every client deserves.
Although appendicitis is a fairly common medical impairment, it can have significant consequences if it is misdiagnosed or untreated. The condition refers to an inflammation of the appendix, a largely useless pouch on the lower right side of the abdomen. Some of the most common symptoms include rebound pain upon palpation of the lower right quadrant of the abdomen, nausea and vomiting, loss of appetite, fever, chills, and others. Appendicitis is most commonly associated with sudden, sharp abdominal pain. Surgical removal is the most common treatment, which usually can be done laproscopically, as opposed to by an open abdominal surgery, if the condition is timely diagnosed. Appendicitis can lead to a ruptured appendix, a much more serious and possibly life-threatening condition, if it is left untreated and the appendix bursts inside the abdomen. This can cause a serious infection within the abdomen known as peritonitis, which is sometimes fatal, and almost always requires an open surgery known as an exploratory laparotomy, as well as a long and costly hospital stay, to cure.
Legal Remedies for an Improper or Unduly Delayed Diagnosis
If you or a loved one has been injured by a doctor’s failure to diagnose appendicitis or another condition, you have the right to seek compensation from those responsible. The money damages available in these cases are generally intended to put you back in the position in which you were before the malpractice happened. That compensation may include money for doctors’ bills, missed wages due to time away from your job, and any reduction in your future earning capacity resulting from your injuries. It also often covers money damages for pain, suffering, and emotional distress. In cases in which a person dies due to malpractice, his or her spouse has the right under state law to seek compensation for wrongful death.
To get money damages, your Bronx attorney will need to prove medical malpractice. This is a cause of action that holds health care providers responsible for failing to live up to a certain “standard of care.” That standard varies based on the circumstances, but in misdiagnosis cases, it often is described as whether a reasonable medical professional would be expected to properly diagnose the impairment under the same circumstances. If so, the person who missed the diagnosis is likely to be liable for malpractice. Proof of both a departure from the standard of care, and proximate cause linking the departure to your injuries, are the two key elements of a successful medical malpractice lawsuit. Expert witnesses are always vital to establishing what the particular standard of care is in any given case, as well as to demonstrating proximate cause.
You also will need to illustrate how the malpractice caused you to be harmed. In appendicitis cases, that means showing how the failure to diagnose appendicitis made the condition worse, such as by causing or allowing the appendix to rupture and cause a cascade of life-threatening and expensive complications. This always requires producing and properly analyzing medical records and credible expert testimony. An experienced medical malpractice attorney can help you gather all of the necessary evidence and present it in a way that will resonate with a jury.
Contact a Dedicated Medical Malpractice Lawyer in the Bronx
Our attorneys are dedicated to helping clients get back on their feet after an injury or medical impairment. The Jesse Minc Personal Injury Law has been successful in court or at the negotiating table in more than 95 percent of the cases that we have pursued. We know the importance of providing individualized attention, and thus we make sure that clients have the opportunity to speak directly with their attorney. We represent injured patients and their families throughout the Greater New York City area, including in Manhattan, Brooklyn, the Bronx, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee in most of our medical malpractice and other personal injury cases unless we are successful in getting a verdict or settlement for you. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. We also can assist victims of a misdiagnosis or delayed diagnosis in other situations, such as cancer, heart attack, ectopic pregnancy, or stroke. Se habla espanol.