Medical misdiagnosis is a type of medical malpractice where the healthcare professional fails to identify a condition or makes an inaccurate diagnosis and as a result the patient is harmed. For purposes of a medical malpractice claim a healthcare professional is often a medical doctor. However, other types of medical professionals such as dentists, chiropractors, and nurses can also make medical mistakes that amount to medical malpractice. Medical malpractice is a serious problem, resulting in thousands of deaths and injuries each year. In 2012, 31% of medical malpractice victims died. 19% of the victims suffered significant, permanent injuries such as paralysis. There have even been cases were an act of medical malpractice resulted in an amputation. 12% of medical malpractice victims require lifelong care. 33% of all medical malpractice claims in 2012 were based on a misdiagnosis, making it the leading cause of patient injury due to medical malpractice. If you or a loved one suffered a serious injury due to the misdiagnosis by a medical professional, contact a Brooklyn medical misdiagnosis lawyer at Stephen Bilkis & Associates who will review the facts of your case and help you hold the medical professional accountable for their negligence through a personal injury or wrongful death claim.
Definition of Medical MisdiagnosisWhen a doctor makes an error in diagnosis and as a result the patient receives incorrect treatment, delayed treatment, or no treatment, the consequence may be that the patient's condition does not improve, is made worse, or the patient dies. However, in order for a physician's diagnosis to be legally classified as a misdiagnosis that rises to the level of medical malpractice, the doctor's methodology of arriving at the diagnosis must be inconsistent with accepted medical standards. In other words, just because a doctor's diagnosis was wrong does not make that doctor necessarily guilty of malpractice, even if the patient is harmed because of the misdiagnosis. If the doctor's methodology was sound, even if the diagnosis was incorrect, the doctor may not have committed medical malpractice. To learn more about the standard for medical misdiagnosis, contact an experienced Brooklyn medical misdiagnosis lawyer.
While medical misdiagnosis is the most common type of medical malpractice, it is not the only type. Other types of medical malpractice include improper treatment and failure to warn.
Pursuing DamagesPatients injured because of a misdiagnosis that rises to the level of malpractice in New York are entitled to compensation for the losses suffered as a result of the breach of care. A successful claim can result in compensation for the medical expenses related to the injury including expenses related to the hospital stay, visits to the doctor, medication and rehabilitation. In addition, the victim would be entitled to receive damages for lost wages and loss of earning capacity based on missing work due to the medical mistake.
If the patient died as a result of medical negligence, the victim's family can pursue a wrongful death claim and seek compensation for the decedent's medical treatment, lost wages, loss of companionship, funeral expenses and other related damages. Note that the rules related to pursuing compensation due to someone’s death are different from pursuing compensation due to your own injuries. Contact an experienced medical misdiagnosis attorney in Brooklyn to help you pursue a claim based on the death of a loved one.
Filing a legal claim is time sensitive, so it is important to take prompt action. Due to restrictions in New York, an injured person has two and a half years (30 months) from the date of injury to file a claim. However, some claims in New York are subject to separate statues and in limited circumstances there are extensions.
Contact Stephen Bilkis & AssociatesIf you or a family member was seriously injured due to the misdiagnosis by a healthcare professional, you should contact an experienced attorney who understands the legal issues associated with medical malpractice cases. Stephen Bilkis & Associates has over two decades of experience fighting for injured victims of medical malpractice. Contact an experienced medical misdiagnosis attorney serving Brooklyn at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Brooklyn, Long Island, Manhattan, Nassau County, Queens, the Bronx, Staten Island, Suffolk County, and Westchester County.