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Bronx Medical Misdiagnosis

While there are several different types of medical malpractice, one of the most common types is a medical misdiagnosis. Medical malpractice claims often involve the misdiagnosis of a condition that leads to serious injury or death. Medical errors are not unusual. In most cases the patient is not harmed. In order for a misdiagnosis to be the basis for a viable medical malpractice claim, the following factors must be present at the time of the medical error:

  • There must have been a doctor-patient relationship,
  • The healthcare professional's error must have risen to the level of negligence, and
  • The patient must have suffered harm due to the medical professional's negligence.

It does not matter what type of harm was suffered as long as it was serious. One type of harm is a birth injury where a newborn baby suffers cerebral palsy or some other injury due to negligence actions of a medical professional at the time of child's birth. If you or a family member were injured because of an incorrect diagnosis by a medical professional contact an experienced Bronx medical malpractice lawyer who will review the facts of your case and help you hold the medical professional accountable for his or her negligence through a personal injury claim.

Definition of medical misdiagnosis

When a doctor makes an error in diagnosis and as a result the patient receives the wrong treatment, treatment is delayed, or the patient is not treated at all, the patient's health may be negatively impacted. Depending on the patient's condition, it is possible that the patient's condition remains the same or that it gets worse. In extreme, but not uncommon cases, the patient passes away as a result of the incorrect diagnosis.

It is not uncommon for a doctor to fail to correctly diagnose a condition immediately. This is somewhat normal and does not necessarily amount to malpractice. Failing to correctly diagnose a condition amounts to malpractice if the doctor's methodology of arriving at the diagnosis was inconsistent with accepted medical standards. In other words, if the doctor's behavior was different from the behavior of other, competent doctors, then the doctor's behavior may amount to medical malpractice.

While medical misdiagnosis is the most common type of medical malpractice, it is not the only type of medical malpractice. Other types are improper treatment and failure to warn. Improper treatment involves the doctor, dentist or other medical professional treating you in a way that no other competent doctor would and as result you are harmed. A failure to warn claim would arise if a doctor, dentist, chiropractor or other medical professional does not warn you about known risks of a procedure, medication, or course of treatment. This duty is referred to as the duty of informed consent. If your medical professional failed to advise you of known risks and it is likely that you would have elected not to go through with the procedure had you known those risk, then your doctor may be liable for medical malpractice if you were harmed by the treatment or procedure in a way that the doctor should have warned could happen.

Seeking financial compensation

Filing a claim for medical malpractice is time sensitive. So it is important to contact an experienced attorney right away to discuss your case. Should you prevail in your medical malpractice claim you may be entitled to payment for your medical expenses—both past and future, lost compensation, pain and suffering and loss of enjoyment of life.

Contact the Law Offices of Stephen Bilkis & Associates

If you or a loved one was 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. 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.

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