Long Island Medical Misdiagnosis

Medical misdiagnosis is one of three types of medical malpractice. A misdiagnosis occurs when a medical professional causes a patient to suffer a serious injury because the diagnosis was incorrect, the diagnosis was delayed, or the there was no diagnosis at all. For purposes of a medical malpractice claim based on an erroneous diagnosis, the medical professional can be a medical doctor, a naturopath, dentist, chiropractor, or any other type of healthcare professional. Medical malpractice happens regularly often with catastrophic results. In fact, in 2012 alone 31% of medical malpractice victims did not survive, while nearly 20% of medical malpractice victims suffered significant, permanent injuries such as severe brain damage. If you or a loved one suffered a serious injury because a medical professional made an error in diagnosing, contact an experienced Long Island medical malpractice attorney who will review the facts of your case and help you hold the negligent medical professional accountable for his or her negligence.

Medical misdiagnosis

When 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.


Joanne 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.

Pursuing damages

Patients injured by malpractice in New York have the right to compensation for the losses suffered as a result of the medical error. A successful lawsuit can also result in compensation for the medical bills related to the injury including expenses related to emergency room care, the hospital stay, surgery, diagnostic tests, visits to the doctor, outpatient care, prescription medication and rehabilitation. In addition, the victim would also be entitled to compensation for lost wages, lost business revenue and loss of earning capacity based on missing work due to the medical misdiagnosis. If the victim passed away as a result of medical mistake, the victim's family can pursue a wrongful death claim and seek compensation for the victim's medical treatment, lost wages, loss of support, loss of companionship, funeral expenses and other related damages.

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 & 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 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 1-800-NY-NY-LAW (1-800-696-9529) 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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