Medical misdiagnosis is one of three categories of medical malpractice where the doctor fails to make the proper connection between a set of symptoms and the underlying medical problem. As a result the patient is harmed. Nearly 35% of all medical malpractice claims in 2012 were based on a misdiagnosis, making it the leading cause of patient injury due to medical malpractice. The medical professional involved can be a medical doctor or any other types of medical professional such as a dentist, chiropractor, or naturopath. Medical misdiagnosis and other types of medical malpractice is a serious problem, resulting in thousands of deaths and severe injuries each year. If you or a loved one was injured due to the misdiagnosis by a medical professional, contact a Westchester County medical malpractice lawyer who will ensure your legal rights are protected.
Definition of medical misdiagnosisWhen a medical doctor, dentist, chiropractor or other medical professional makes an mistaken when diagnosing a patient's condition and as a result the patients harmed, then that error is a type of medical malpractice called medical misdiagnosis. Not every incorrect diagnosis is malpractice. In order for a medical professional's failure to accurately diagnosis a condition to be medical malpractice, the medical professional's methodology for diagnosing the condition must be inconsistent with accepted medical standards. If the doctor's methodology was reasonable, even if the diagnosis was wrong the medical professional may not have committed medical malpractice.
Pursuing medical malpractice damagesIn New York patients injured by my medical professional who made a mistake are entitled to compensation for the losses suffered as a result of the breach of care. A successful claim can also result in compensation for:
Medical expenses. All medical-related expenses related to the medical mistake. Examples include hospital bills; lab work; diagnostic testing; surgery; prescriptions; and psychological testing. To prove such expenses you will need to keep your medical bills and receipts.
Future medical expenses. Serious injuries often require treatment well into the future. In some cases injuries are permanent and the victim requires lifelong treatment. Evidence of future expenses include past medical bills, pharmaceutical records, and expert witness testimony.
Lost wages. Because a serious injury means missed work, you will be entitled to be compensated for losses associated with missing work. This includes missed paychecks, the value of pay increase you were scheduled to receive; the value of promotions and bonuses you missed; lost commissions on sales; fringe benefits lost; and pension benefits lost.
Wrongful death. Sadly, in many cases the patient passes away because the doctor made an incorrect diagnosis, took a long time to make the correct diagnosis, or failed to diagnose the condition at all. When this happens the law allows the victim's personal representative to file a wrongful death claim based on medical malpractice. The claim can demand damages for expenses related to the victims treatment, lost wages, loss of companionship, funeral expenses and other related damages.
It is important to understand that there are procedural rules that must be followed in order for your malpractice claim to be considered. One important procedure requirement is that you file your claim within two and a half years of the date you were injured. This may seem like a long time, but in reality it is not. There are is typically a significant amount of work that must be done such as obtaining and reviewing medical records.
Contact the Law Offices of Stephen Bilkis & AssociatesIf you or a loved one was injured due to the misdiagnosis by a doctor, chiropractor, dentist or other healthcare professional, you should contact an experienced attorney who understands the legal issues associated with medical malpractice cases. The staff at the Law Offices of Stephen Bilkis & Associates has 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.