New York City Misdiagnosis Attorney
Doctors are required to undergo extensive training before they can receive their license. When you visit your doctor, you trust them to be knowledgeable and experienced enough to diagnose your medical condition in a timely manner and properly treat it. Negligent doctors might make a mistake when diagnosing a patient's issue and cause them unnecessary suffering instead of righting the matter. Misdiagnosis due to negligence is a form of medical malpractice and can be compensated through a claim.
Common Causes of Misdiagnosis
Physicians can misdiagnose a patient's medical condition for a number of reasons, all of which link back to negligence. Perhaps the doctor failed to properly study the patient's symptoms. Maybe the doctor is too inexperienced to be handling illnesses such as the patient's. Doctors should be able to recognize when they cannot help a patient and should refer them to a doctor who can instead of taking the risk of misdiagnosis and unnecessary personal injury. This is negligence and is fully eligible for compensation through a medical malpractice claim. Jaroslawicz & Jaros, LLC has handled numerous medical malpractice cases and can help you face your doctor or hospital to win a fair settlement or verdict.
How to Prove that You Were Misdiagnosed
If you are the victim of medical malpractice based on diagnostic error, you must prove that a doctor of a similar specialty would not have misdiagnosed your condition under similar circumstances. Doctors diagnose your condition using a systemic method known as "differential diagnosis." Essentially, your doctor will make a list of all possible diagnoses and test the strength of each by making further medical observations.
In order to confirm a misdiagnosis you must prove one of two things:
- The correct diagnosis was not included on the differential diagnosis and a reasonably skillful doctor under similar circumstances would have included it.
- The correct diagnosis was included on the differential diagnosis list, but the doctor failed to perform appropriate tests or seek opinions from specialists in order to investigate the viability of the diagnosis.
A doctor may fail to properly diagnose you because he or she relied on faulty results from laboratory tests, radiology films or other types of tests. This can happen if the diagnostic equipment is defective or if a technician mixed up results from tests or read them incorrectly. Your doctor may not be held responsible for misdiagnosis under these circumstances, but if human error is to blame, the technician at fault may be held responsible.
You must also prove that the doctor's misdiagnosis caused your condition to progress beyond where it normally would have and that this prevented your recovery. Proving such things without legal counsel can be a difficult task. Contact us today if you've been misdiagnosed. We can help you seek fair and adequate compensation.
Common Forms of Misdiagnosis
There are many ways your doctor can make a misdiagnosis. Are you unsure of whether or not you have a valid claim? Here are some of the more common forms of misdiagnosis:
- Wrong Diagnosis. Occurs when a doctor diagnoses the wrong illness. If a doctor diagnoses a patient with gastric problems when he or she is actually having a heart attack, this would be an example of a wrong diagnosis. This is also known as a misdiagnosis.
- Missed Diagnosis. Occurs when a doctor informs a patient that he or she is completely healthy when the patient actually has a serious disease or illness.
- Delayed Diagnosis. Occurs when the doctor is greatly delayed before making the correct diagnosis. This is the most common form of diagnostic error, and can cause the patient further complications.
- Failure to Recognize Complications. Occurs when the correct diagnosis is made, but the doctor fails to recognize complications that worsen the condition.
- Failure to Diagnose a Related Disease. Occurs when a doctor accurately discovers and diagnoses one disease, but fails to diagnose another related disease present in the patient.
- Failure to Diagnose an Unrelated Disease. Occurs when the doctor accurately pinpoints one disease, but fails to recognize another unrelated disease present in the patient.
Contact a New York City Medical Malpractice Attorney
Jaroslawicz & Jaros, LLC focuses on client service and outstanding case results. Each of our clients receives the personal attention of their lawyer and has access to him or her at all times. In addition, our attorneys have recovered more than $1 billion in damages for all types of personal injury and medical malpractice cases over the years. Do not hesitate to speak with a New York City personal injury lawyer if you have suffered serious illness or injury due to misdiagnosis by a negligent doctor. Contact us right away for a
free consultation on your case.