Misdiagnosis & Failure to Diagnose
If you or a loved one has suffered due to misdiagnosis or failure to diagnose, The Sanders Firm is on your side. Our New York medical malpractice lawyers offer a free, no-obligation consultation to review your case and discuss your legal rights.
You shouldn’t have to pay the price of a medical misdiagnosis. Those who have been victimized by a doctor or healthcare practitioner’s misdiagnosis or failure to diagnose, has the right to hold that medical professional accountable for their mistakes or omissions in a court of law.
A medical misdiagnosis can carry devastating consequences, depending on the condition. For some patients, it could mean a longer wait for effective treatment. For others, it may spell worsening symptoms until a once-mild condition turns life-threatening.
In the most unfortunate cases, misdiagnosis can mean a treatable illness turns fatal. The sad truth is that misdiagnosis is typically preventable, and generally occurs when a medical professional fails to exercise a reasonable standard of care. The terrifying truth is that an estimated 20% of all fatal illnesses are misdiagnosed at first.
For over 46 years, The Sanders Firm has aided injured patients and their loved ones in bringing medical malpractice lawsuits to fruition in NY, and exercising their legal right to hold negligent medical professionals liable for their mistakes and errors.
Under New York law, damages may be sought if a delayed or misdiagnosis caused:
- a worsened prognosis
- unnecessary treatment
- more invasive or complicated medical treatment
- pain or severe impairment resulting from a misdiagnosis
Types of medical misdiagnosis
Every year, thousands of patients in New York suffer the ramifications of a medical misdiagnosis. In some cases, a health care provider may overlook subtle symptoms of a medical condition, while in others, lab or biopsy results may be reported incorrectly.
Statistically speaking, some of the most commonly misdiagnosed conditions and diseases include:
- Heart attack
- Blocked arteries
- Aortic dissection
- Infections such as meningitis
- Lupus (a chronic inflammatory disease)
- Parkinson’s disease
- Lyme disease
- Multiple sclerosis
- Celiac disease
A recent report issued by the federal Agency for Healthcare Research and Quality revealed that 28 percent of 583 diagnostic errors reported by doctors were life-threatening or resulted in permanent disability or death.
Examples of medical misdiagnosis, or failure to diagnose, include:
- Misdiagnosis of cancer
- Misdiagnosis of infectious disease
- Delayed diagnosis of heart attack
- Delayed diagnosis of stroke
- Failure to diagnose meningitis
- Delayed treatment of kidney or liver disease
- Emergency room mistakes
- Failure to detect internal bleeding
Misdiagnosis of cancer
Cancer by its very nature is a life-threatening condition. Early diagnosis is critical in order to effectively treat, slow the spread and ultimately eradicate the disease. However, cancer may be undetected or misdiagnosed by a doctor. When this happens, the life of the patient is placed in even greater jeopardy. Delays in diagnosis or misdiagnosis of cancer may cause the patient to lose crucial time getting the treatment he or she needs to survive and beat the illness.
Patients who received incorrect or untimely treatment resulting from a cancer misdiagnosis may be eligible for compensation not only from the physician who misdiagnosed, but also from nurses, administrators, and even the facility where they were examined. Juries are known to be very sympathetic in cases of these types, and have historically awarded individuals substantial verdicts sometimes reaching into the millions of dollars.
The Sanders Firm has been successfully litigating misdiagnosis claims in the greater NY area for more than four decades, and in the past five years alone, has secured over $100 million on behalf of our clients. Our malpractice trial lawyers are renowned for their diligence and ability to recover maximum damages.
Liability for medical misdiagnosis in New York
An astounding 20% of fatal illnesses are misdiagnosed initially. This grave medical error may be traced back to any number of health care professionals including doctors and physicians, nurses, surgeons, X-ray technicians, lab employees, hospital assistants and clerks. In all cases, misdiagnosis is a terrifying prospect and should never occur as long as standards of care are upheld. For many innocent patients, the misdiagnosis of a serious condition can lead to serious health consequences, as well as hefty medical bills, reduced quality of life and major lifestyle changes.
The Sanders Firm attorneys have decades of combined experience litigating medical malpractice and misdiagnosis lawsuits in New York. We understand your injuries and the dire consequences they can have on your life. That’s why we make it our job to understand your case, inside and out, and fight for your rights.
A medical malpractice settlement or court award can help offset the damages and losses resulting from a doctor’s failure to diagnose or misdiagnosis.
Compensation available to plaintiffs will account for:
- Related medical bills -past, present and future
- Lost income
- Diminished earning capacity
- Pain and suffering
- Permanent disability
- Loss of spousal consortium
- Other non-economic losses
Talk to a New York medical malpractice lawyer
New York personal injury lawyers of The Sanders Firm are committed to seeking justice on behalf of those who suffered the effects of a misdiagnosis or delayed diagnosis. Our team of investigators will review all records to determine if your injuries were caused by human error, faulty diagnostic equipment, inaccurate lab results or other failures in the medical system.
If you or someone you love has suffered serious harm or wrongful death caused by misdiagnosis, you have the right to demand compensation for your losses and suffering. To arrange a free case evaluation, please call toll free at 1.800 FAIR PLAY (800.324.7752).
- AARP, 7 Commonly Misdiagnosed Illnesses http://www.aarp.org/health/conditions-treatments/info-06-2011/commonly-misdiagnosed-illnesses.html
- CNN Health, Five commonly misdiagnosed diseases http://www.cnn.com/2007/HEALTH/conditions/09/26/ep.misdiagnosed.diseases/index.html?eref=rss_health
- The Washington Post, Misdiagnosis is more common than drug errors or wrong-site surgery http://www.washingtonpost.com/national/health-science/misdiagnosis-is-more-common-than-drug-errors-or-wrong-site-surgery/2013/05/03/5d71a374-9af4-11e2-a941-a19bce7af755_story.html
- Huffington Post, Medical Errors Harm Huge Number of Patients http://www.huffingtonpost.com/2012/08/29/medical-errors-hospitals-harm-patients_n_1839814.html