There are generally three types of medical malpractice: failure to warn, improper treatment and medical misdiagnosis. Medical misdiagnosis occurs when the doctor, dentist, or other medical professional fails to correctly identify the patient's condition or fails to make a timely diagnosis. As a result of this failure, the patient is harmed. 33% of medical malpractice cases involve a failure to properly diagnose. Oftentimes failure to make a correct, timely diagnosis is critical for effective treatment. The wrong diagnosis not only may mean that the patient's illness does not improve, it may also mean that the patient's condition worsens or other medical problems develop. The statistics regarding medical malpractice statistics are startling. In 2012 31% of all victims of medical misdiagnosis and other forms of malpractice died. Almost 20% suffered severe and sometimes permanent injuries. Examples of injuries that can result from a misdiagnosis include a lack of oxygen to the brain that leads to a brain injury. Failure to timely diagnosis a serious medical condition in a pregnant woman can lead to her suffering a life-threatening condition as well as leading to the baby suffering a birth injury. If you are in need of a personal injury attorney because you or a loved one was injured due to the misdiagnosis by a medical professional, contact a Queens medical malpractice attorney who has the resources and experience to thoroughly review your medical records and ensure that you receive the maximum compensation available based on the facts of your case.
Definition of medical misdiagnosisMedical misdiagnosis has a very specific legal definition. Doctors routinely make the wrong diagnosis. It is not unusual for a doctor to make a reasonable assessment of an ailment, prescribe a force of treatment. If the treatment does not work, the doctor may conclude that his or her initial diagnosis was incorrect and reassessment the patient's symptoms. While this may be annoying to the patient, it may not be medical malpractice even if the patient gets worse or suffers some other type of harm because of the wrong diagnosis. A misdiagnosis case arises to the level of medical malpractice if the medical professional's misdiagnosis was not reasonable based on accepted medical standards.
Examples include failing to interpret a pregnant woman's symptoms of preeclampsia and as a result the woman suffers kidney damage and the baby suffers a birth injury. Or, a doctor diagnosis an elderly man as having a common cold when his symptoms clearly indicate that he has pneumonia. As a result the man passes away.
Pursuing damagesWhenever a victim is injured due to the negligence of another person, the injured person will suffer losses. In the case of a medical malpractice injury, the victim's injuries mean that medical treatment will be required. The law is in the side of the injured victim, meaning that if the medical professional deviated from accepted medical practice when he or she made a mistake in diagnosing your medical condition, that medical professional and perhaps the hospital or other medical facility will be required to compensate you for your medical expenses caused by the mistake. Medical expenses may include fees for your hospital stay, surgery, rehabilitation, medication, lab work, medical equipment and nursing home fees.
In addition, injured victims often miss work while recovering. Whether you were unable to work for weeks, months, or even years due to the medical malpractice, you can demand that the medical professional compensate you for your lost wages, lost benefits, and loss of future earning capacity.
Sadly, many victims die because of a preventable medical error. New York law allows the personal representative of a deceased victim of negligence to seek compensation through a wrongful death lawsuit.
Contact the Law Offices of Stephen Bilkis & AssociatesMedical malpractice cases leave victims physically hurt, unable to work, and with mountains of medical bills. It is only fair that the person who caused the injury compensate you so you do not have to be financially strapped. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully representing clients in complex medical malpractice cases as well as clients who have been injured in car accidents, construction accidents and other types of preventable accidents. 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.