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Nassau County Medical Misdiagnosis

Medical misdiagnosis is a type negligence referred to as medical malpractice. In cases of medical misdiagnosis a healthcare professional such as a medical doctor, naturopath, or chiropractor makes an incorrect diagnosis and as a result the patient is harmed. Unfortunately, medical malpractice is. Thousands of people are seriously injured or die each year due to medical errors. For example, in 2012 31% of medical malpractice victims did not survive. 19% of medical malpractice victims suffered severe injuries such as permanent paralysis, brain injury, and other serious injuries. In fact, well over 10% of victims of medical malpractice suffer injuries so severe that they require lifelong care. If you are in need of a personal injury lawyer because you or a loved one was injured due to the misdiagnosis by a medical professional, contact a Nassau County 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 or wrongful death claim.

Definition of medical misdiagnosis

When a medical professional such as medical doctor or dentist makes a mistake in diagnosis and as a result the patient receives the wrong treatment, postponed treatment, or no treatment at all, the result may be that the patient's condition fails to improve, worsens, or the patient passes away. 33% of all medical malpractice claims in 2012 were based on a misdiagnosis, making it the leading cause of patient injury due to medical malpractice.

For example, John eats a huge meal of 2 cheeseburgers, onion rings and a large glass of soda. He then has a slice of double chocolate cake for dessert. An hour later while sitting in his favorite chair watching a basketball game he feels a tightness in his chest. John drinks a glass of water, but the pain does not subside. His wife, Sally, takes him to the emergency room. After learning what John had for dinner, Dr. Allen determines that John has a case of indigestion. Dr. Allen gives John a few antacids, tells him to drink more water and sends him home. Later that evening John suffers a heart attack and dies before the ambulance gets to the house. Sally sues Dr. Allen and the hospital for medical malpractice arguing that Dr. Allen's misdiagnosis was a direct cause of John's death.

It is important to understand that in order for a doctor's diagnosis to be legally classified as a misdiagnosis that rises to the level of medical malpractice, the doctor's methodology of arriving at the diagnosis must be incompatible with established medical standards. In other words, just because a doctor's diagnosis was wrong does not automatically make that doctor guilty of malpractice, even if the patient is harmed due to the misdiagnosis. If the doctor's methodology was sound, even if the diagnosis was erroneous the doctor may not have committed medical malpractice.

Pursuing damages

Those who are seriously injured because of a doctor's mistake often suffer a variety of financial losses directly related to the mistake.

  • Medical expenses. Compensable expenses include fees for medical care directly associated with the injury you suffered due to the medical professional's medical error.
  • Lost wages. Paychecks, bonuses, promotions, and other benefits you lost because you were unable to go to work due to the doctor's medical malpractice.
  • Pain and suffering. Physical pain and emotional suffering due to the worsening of your illness or other injury you experienced because of your doctor's medical misdiagnosis.
  • Wrongful death. In the event that a loved one passes away due to a medical misdiagnosis, you may be entitled to compensation based on a wrongful death claim.

Filing a legal claim for medical malpractice is time sensitive. So it is imperative to take prompt action. If you were injured by a negligent doctor you have two and a half years from the date of injury to file a claim.

Contact the Law Offices of Stephen Bilkis & Associates

If an incompetent medical professional made a mistake that left you or a loved one seriously injured, you may be entitled to compensation for your medical expenses and as well other expenses that resulted from the negligence such as lost wages. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully representing clients who have been injured because of a medical mistake or due to other types of negligence. 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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