Member of:
Justia Lawyer Rating
American Association for Justice
Union Plus

New York Medical Misdiagnosis

Medical misdiagnosis is a type of medical malpractice where the healthcare professional fails to identify a condition or makes an inaccurate diagnosis and as a result the patient is harmed. For purposes of a medical malpractice claim, a healthcare professional is often a medical doctor. However, other types of medical professionals such as dentists, chiropractors, and nurses can also make medical mistakes that amount to medical malpractice. Medical malpractice is a serious problem, resulting in thousands of deaths and injuries each year. In 2012, 31% of medical malpractice victims died. 19% of the victims suffered significant, permanent injuries such as paralysis. There have even been cases were an act of medical malpractice resulted in an amputation. 12% of medical malpractice require lifelong care. 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. If you or a loved one was injured due to the misdiagnosis by a medical professional, contact a New York Medical Misdiagnosis 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 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.

While medical misdiagnosis is the most common type of medical malpractice, it is not the only type. Other types of medical malpractice include improper treatment and failure to warn. Improper treatment involves your doctor treating you in a way that no other competent doctor would and as result you are harmed. In addition, if your doctor selects the appropriate treatment but administers in a manner that no competent doctor would, you may have a medical malpractice claim. A failure to warn claim would arise if a doctor violates his or her duty to warn you of known risks of a procedure or course of treatment. This duty is referred to as the duty of informed consent. If your doctor failed to advise you of known risks and it is likely that you would have elected not to go through with the procedure, 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.

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.

New York 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 800.696.9529 to schedule a free, no obligation consultation regarding your case.

Client Reviews
When my mom, who is suffering from dementia, faced a slip and fall personal injury lawsuit, I contacted Stephen Bilkis of the Law Offices of Stephen Bilkis & Associates. Not only did he provide a strategy for defending the claim, he also advised me on steps to take to avoid future personal liability. Whether you are the defendant or plaintiff in an injury case, I highly recommend Mr. Bilkis. S.M.
From the very first phone call to Stephen Bilkis' office, the staff was extremely polite and helpful in assisting me. Mr. Bilkis was honest and upfront with me from the beginning in what he projected the outcome of my case would be; in the end we got better results than either of us anticipated. He was very genuine and compassionate in understanding my situation and how this legal matter could effect not only myself but my family as well. I highly recommend this law firm and will most definitely continue using them for any future legal needs. Jarrett
I had my first encounter with Mr. Stephen Bilkis three years ago over the phone. He and his staff have been nothing but courtesy and professional. Their hard work ended with a large six-figure settlement for my case. I would highly recommend you contact his office. I want to give a special THANK YOU to Ms. Tricia Krapf. She always made me feel like a priority and was always kind and professional over the phone and email. I highly recommend them to anyone in need of legal representation. Celesta