Medical misdiagnosis is a type of medical malpractice, that involves a doctor or other medical professional reviewing a patient's set of symptoms not finding the correct diagnosis. Medical malpractice happens regularly often with catastrophic results. Over 30% of victims of medical malpractice pass away because of the mistake, while many others end up with serious medical problems because of the mistake. If you or a loved one suffered a serious injury because a medical professional made an error in diagnosing your condition, contact an experienced Long Island medical misdiagnosis lawyer who has the skill and resources to investigate your case and ensure that your legal rights are protected.
Medical misdiagnosisWhen a doctor makes an error in making a diagnosis and because of that mistake the patient receives the wrong treatment, delayed treatment, or no treatment at the, the consequence may be that the patient's condition gets worse or develops another, more serious condition. Not ever misdiagnosis is malpractice. In order for a medical professional's diagnosis to be legally classified as medical malpractice, the doctor's methodology of arriving at the incorrect diagnosis must depart from accepted medical standards. If the doctor's methodology was sound, the doctor may not have committed medical malpractice. In addition, in order for the patient to have a valid medical malpractice claim, the patient must have suffered a serious injury as a result of the misdiagnosis.
HypotheticalJoanne Smith visited Dr. Kelly because she had severe back pain, a fever, and local tenderness in her spinal column. Dr. Kelly determined that Joanne had the flu, and recommended bed rest. Kelly's condition did not improve. After several days and three more visits to Dr. Kelly without a new diagnosis, Joanne lost the ability to move her legs. She was paralyzed. It was later determined that Joanne had an infection in her spine which Dr. Kelly failed to diagnose. Had Dr. Kelly made the correct diagnosis, the infection could have been successfully treated with antibiotics. Joanne contacted a medical misdiagnosis attorney in Long Island to discuss filing a claim against Dr. Kelly.
Pursuing damagesPatients injured by the mistake of a medical professional have the right to demand compensation from the negligent medical professional. You can demand payment for all of the medical bills that are the result of the medical error—both past bills and future bills. This is important as oftentimes with serious injuries the victim requires treatment well into the future. You can also seek compensation for lost income. If the medical mistake caused you to miss work, you can produce evidence from your employer of the paychecks that you missed as well as other compensation and benefits that you missed because you were unable to go to work. Pain and suffering is another compensable loss, and is awarded in cases where the victim suffers particularly serious or permanent injuries.
In order to prevail in your claim, you must be able to prove that the doctor's error was unreasonable. In other words, it is not unusual for a doctor to not make the correct diagnosis initially. However, a misdiagnosis would amount to medical malpractice if the doctor's mistake is one that a competent doctor would not make.
Filing a legal claim is time sensitive. It is critical not to delay filing your medical malpractice claim. You have two and a half years from the date of your injury to sue. If you fail to do so you will be forever barred from pursuing your claim.
Contact the Law Offices of Stephen Bilkis & AssociatesIf you or a loved one was injured due to the misdiagnosis by a healthcare professional, you should contact an experienced medical misdiagnosis attorney serving Long Island who understands the legal issues associated with medical malpractice cases. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully representing clients in medical malpractice cases as well as other types of personal injury and wrongful death cases. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.