New York Medical Malpractice Lawyers
for Misdiagnosis and Failure to Diagnose
When we seek out medical care from a trained physician, we are comforted by the trust that they will diagnose and treat our illness. Unfortunately, there are many times when people are misdiagnosed, and the genuine illness goes untreated. Even worse, there are times when a healthcare professional fails to diagnose an illness altogether. This can lead to more serious illness and even death. When a medical condition goes untreated, it often gets worse. The victim is left confused and, often times, needlessly suffering. This is one of the reasons why healthcare professionals must carry medical malpractice insurance. They often carry a heavy workload and rush to treat each patient. In that hurried state, symptoms can be missed, misunderstood, and misdiagnosed. If you or a loved one have been misdiagnosed, or a doctor failed to diagnose a serious illness, you may be due financial compensation. The Law Offices of Michael S. Lamonsoff, PLLC, can help you hold the negligent party responsible for the tragic events that unfolded. Our attorneys have almost a century of combined experience fighting for the rights of victims who have been misdiagnosed, or completely undiagnosed, and helping them seek out justice.
What happens when someone is misdiagnosed or not diagnosed at all?
When a person is misdiagnosed, they can undergo unnecessary treatment that sometimes makes the genuine illness worse. They endure pain and suffering while the underlying illness persists. The case can be the same when a doctor fails to diagnose an illness altogether. Unfortunately, this is sometimes even fatal. Often times when patients are misdiagnosed it can lead to:
- Improper surgical procedures
- Anesthesia accidents
- Allergic reactions to medicine
- Wrongly prescribed medication
- Failure to get the right tests
- Failure to recognize and cure the symptoms
- Improper reading of tests
- Failure to identify an underlying problem
- Improper follow-up with patient
Any or all of these predicaments make it harder on the patient as the genuine illness goes untreated.
What type of damages can I be awarded in a misdiagnosis or failure to diagnose claim?
These types of cases usually become complex and complicated very quickly. As doctors and insurance companies get involved trying to dodge the bullet of responsibility, it can add many confusing layers to the genuine case at hand. Most often past and future medical expenses can be awarded, along with lost wages and loss of earning capacity in the future. Pain and suffering can also be awarded, but is usually reserved for more extreme cases where a doctor exercised willful negligence or gross misconduct. Pain and suffering damages are awarded in these cases to deter that type of behavior in the future. Additional damages may be awarded depending on the circumstances of your specific case.
What happens if I have been misdiagnosed or if my doctor failed to diagnose my illness?
The results can be overwhelmingly negative. A minor illness can turn into a terminal disorder if not treated in a timely manner. Patients can end up taking the wrong medications and undergoing unnecessary medical treatments that make their illness worse. Patients that have been misdiagnosed often endure traumatic emotional hardship and mental anguish. An illness that goes untreated can lead to permanent disability, disfigurement, and in some cases it can be fatal.
How do I know if I have been misdiagnosed?
This happens more often than we would like to think. Many times, if you have been misdiagnosed, you have an internal inkling. However, you need a medical professional to document your illness. You will also know because the untreated illness will continue to get worse until it is addressed. If you feel that you have been the victim of a misdiagnosis, you need to seek out a second opinion from a medical professional. You should also seek out legal counsel as soon as you can. An experienced medical negligence lawyer in New York will have the ability to investigate thoroughly and retrieve records that may not be readily available for the average person. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, have extensive experience with medical malpractice and medical negligence cases in New York. They can help you preserve your rights and seek justice for the wrong you have been done.
They failed to diagnose my illness, do I have a case?
The answer to this is most likely. If you had clear symptoms and sought out medical treatment only to be told that nothing was wrong, you may be able to file a claim. There is a specific standard of care that a medical professional must follow, and if they fail to do this, then you may have a failure to diagnose claim. Here are some of the most common mistakes that are seen:
- A false positive – This is where the doctor misdiagnoses a disease that isn’t there.
- A false negative – This is where the doctor fails to diagnose a disease that is present.
- Bad results – Inconclusive interpretation is also a misdiagnosis.
If you think you have a failure to diagnose claim, but are not sure, call The Law Offices of Michael S. Lamonsoff, PLLC, immediately. Our experienced medical negligence lawyers will listen intently, investigate thoroughly, and present you with your options.
Why do I need a New York medical malpractice lawyer to assist with my case?
If you have been misdiagnosed, or a doctor failed to diagnose your illness, it is a big deal. These cases tend to be very complex and need to be investigated thoroughly. Did the radiologist do their job to the best of their ability? Did a nurse fail to get a proper medical history? There are many people that may be held liable for a misdiagnosis or failure to diagnose claim. It is important to have an experienced professional on your side. The medical team will have insurance companies and attorneys fighting for them, and you need someone fighting for you to ensure that you are fully compensated for what you have endured.
Call a New York medical malpractice lawyer today
If you feel that you have been misdiagnosed by your doctor or a specialist, or if your doctor has made a crucial mistake that caused your condition to worsen, you need to act swiftly. It is crucial to seek out professional legal counsel immediately so that an attorney can begin a thorough investigation. Call The Law Offices of Michael S. Lamonsoff, PLLC, today. You can call the toll free number at (877) 675-4529 to set up your initial consultation, or you can fill out our consultation request form and we will get in touch with you soon. Our team of New York medical malpractice attorneys will listen intently, investigate thoroughly, and fight diligently for your rights to ensure that you are fully compensated.