A brief explanation of failure to diagnose

Written by
Abraham Jaros
Updated on Tuesday, Oct 24, 2023

Medical malpractice is a wide ranging issue that many patients face for one reason or another. Medical malpractice can occur without notice and to anyone receiving medical care. It doesn’t only happen when a person goes under the knife or laser for some form of surgical procedure. Here is a brief explanation of failure to diagnose in New York.

Medical malpractice is defined as the failure to treat a patient in accordance with good and accepted medical practice. In order to bring a medical malpractice lawsuit a doctor must first be retained to review the patient’s medical records and then must provide an opinion that the treatment provided was not in accordance with good and accepted medical practice and that this failure cause an injury that caused the patient pain and suffering.

Professionals in the medical world can be held liable if the failure to diagnose, or the delay in a diagnosis, causes an injury to a patient. Medical professionals can also be held liable if the failure or delay in diagnosis leads to a patient’s disease progressing to a point past where it would have progressed if a timely diagnosis was issued.

Doctors are taught to develop a differential diagnosis when treating patients. This is when the doctor will provide a list of possible diseases, illnesses or injuries their patient could be suffering from. The list is usually built in order of descending likelihood.

When it comes to proving misdiagnosis or untimely diagnosis in New York for a medical malpractice case, the plaintiff will need to show how a prudent doctor would diagnose the issue under the same circumstances. If your doctor failed to diagnose the issue, or perform tests to rule out an issue, he or she could be held liable for your injuries associated with not being properly diagnosed.

Have you or a loved one been injured by a doctor’s failure to diagnose in New York? Contact our firm to speak with us about your injuries and how you can receive compensation for pain and suffering and other damages.

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.