Staten Island 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 serious harm is a birth injury where a newborn baby suffers cerebral palsy, erb’s palsy or some other brain injury or spinal cord injury that was caused by the negligent actions of a medical professional at the time of child's birth. If you or a loved one was injured due to the misdiagnosis by a medical professional, contact an experienced Staten Island Medical Misdiagnosis Lawyer who will review the facts of your case and help you hold the medical professional accountable for his or her negligence.

Definition of medical misdiagnosis

When a doctor makes an error in diagnosis and as a result the patient receives incorrect treatment, delayed treatment, or no treatment, the consequence may be that the patient's condition does not improve, is made worse, or the patient dies. However, in order for a physician'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 inconsistent with accepted medical standards. In other words, just because a doctor's diagnosis was wrong does not make that doctor necessarily guilty of malpractice, even if the patient is harmed because of the misdiagnosis. If the doctor's methodology was sound, even if the diagnosis was incorrect, the doctor may not have committed medical malpractice.


A patient was diagnosed as suffering from cancer of her kidney and the kidney was removed. It was later determined that the lump in the kidney was in fact a kidney stone.

A patient had been suffering from abdominal pain and was sent for a CT scan. The radiologist misread the results of the scan, failing to determine that the patient had a perforated bowel. The patient died.

A patient suffered from an infection in her spine which her doctor failed to diagnose. As a result of the misdiagnosis, the patient is now paralyzed. Had the doctor made the correct diagnosis, the infection could have been successfully treated with antibiotics.

Pursuing damages

Patients injured by malpractice in New York City 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 the medical expenses related to the injury including expenses related to the hospital stay, visits to the doctor, medication and rehabilitation. In addition, the victim would also be entitled to receive damages for lost wages and loss of earning capacity based on missing work due to the medical mistake. If the patient died as a result of medical negligence, the victim's family can pursue a wrongful death claim and seek compensation for the decedent's medical treatment, lost wages, loss of companionship, funeral expenses and other related damages.

Filing a legal claim is time sensitive. So it is important to take prompt action. Due to restrictions in New York, an injured person has two and a half years from the date of injury to file a claim. However, some claims in New York are subject to separate statues and in limited circumstances there are extensions, such as a surgeon leaving a tool inside a patient has a mere twelve months from the date the object was discovered to file his petition to the court.

Staten Island Medical Misdiagnosis Lawyer

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. Stephen Bilkis and 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 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations:

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