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New York City Medical Misdiagnosis

Doctors, dentists, physician assistants and other health care professionals have the legal duty to give patients a level of care that is consistent with accepted medical standards. When a doctor fails to do so and as a result a patient is harmed, the patient may have the basis to pursue a medical malpractice lawsuit. One of the more common types of medical malpractice is the doctor misdiagnosing a condition leading to catastrophic consequences. With over 2 decades of experience representing victims who have been injured by the negligence of others, the New York City medical misdiagnosis lawyers at the Law Offices of Stephen Bilkis & Associates know all too well the physical, financial and emotional hardships faced by victims and their families. We are here to help victims hold negligent doctors accountable.

Elements to a medical misdiagnosis claim

While it may be frustrating when your doctor fails to initially properly diagnose your condition, an improper diagnosis does not necessarily mean that your doctor, dentist, chiropractor, physician's assistant or other medical professional committed medical malpractice, even if the mistake resulting in you suffering.

In order for you to have a viable medical malpractice claim, you must be able to prove the following elements:

  • Doctor-patient relationship. You must be able to show that you had a doctor-patient relationship with the medical provider who made the misdiagnosis.
  • Doctor was negligent: You also must show not only that the doctor made a mistake, but that the mistake rose to the level of negligence. It is the doctor's process for arriving at the diagnosis was consistent with accepted medical practice, then failure to correctly diagnosis a condition is not medical malpractice. On the other hand, if our doctor failed to diagnose a condition that any other competent doctor would have diagnosed with ease, then the doctor was likely negligent.
  • Patient was harmed. You must also prove that you were injured as a result of the doctor's negligence. A critical element for any personal injury claim is that the plaintiff must have suffered a loss. In other words, if your doctor misdiagnosed you and it is clear that the doctor was negligent in doing so, but you did not suffer an injury as a result of the mistake then you do not have a basis to recover compensation.

If you can prove the necessary elements of a medical malpractice case, then you may be awarded compensation based on your medical expenses, lost income, and pain and suffering. If a loved one passed away as result of a misdiagnosis, then the family may be able to recover compensation based on a wrongful death claim.


Cynthia's hair stylist noticed an area on Cynthia's scalp that was discolored and odd-looking. She mentioned it to Cynthia. Cynthia made an appointment with a dermatologist. Instead of the dermatologist examining Cynthia, Meg, the physician's assistant did. Meg told Cynthia that it appeared to by a dry spot and it was likely some type of dermatitis. Meg gave Cynthia an ointment to use and told Cynthia to return in 30 days. Cynthia used the ointment and returned. Meg noticed the area had gotten a little larger, and prescribed a medicated shampoo. When Cynthia returned a third time and the area had not improved, Meg had the dermatologist look at Cynthia's scalp and review her records. The dermatologist diagnosed Cynthia as having malignant melanoma. By this time the cancer had metastasized and there was little that could be done. Cynthia contacted a medical misdiagnosis attorney in New York City who filed a medical malpractice claim against Meg and the medical facility. Meg had received very little training in dermatology, and therefore did not have the ability to recognize melanoma. Cynthia will likely recover a significant settlement as Meg's inability to diagnose Cynthia's condition contributed to it worsening.

Contact the Law Offices of Stephen Bilkis & Associates

If you believe that a missed diagnosis led to you or a loved one unnecessarily suffering, you may be entitled to compensation from the doctor or medical professional who failed to properly diagnose your condition. Because medical malpractice cases are particularly complex, it is important that you are represented by an attorney with experience. The medical misdiagnosis attorneys serving clients in New York City at the Law Offices of Stephen Bilkis & Associates have years of experience successfully representing victims of medical mistakes including victims of medical misdiagnosis, improper treatment and victims who suffered birth injuries. 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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