Category: Medical Malpractice

Cosmetic surgery remains a popular method of enhancing one’s appearance, with more options than ever for patients. But going under the knife is always risky, regardless of the nature of the procedure. There are several different risks that patients should know about before they opt for surgery.

Unfortunately, not all plastic surgeons are the same in terms of experience and skill. Every year, approximately 13% of these practitioners face medical malpractice claims for poor work that causes harm to their patients. If you’ve been injured by a plastic surgeon in Central New York, it’s time to speak with the medical malpractice attorneys of Carden Dotzler Hammond, PLLC.

Risks, Complications, and How to Address Them

Regardless of the type of procedure you want, it is imperative to your health that you have a full understanding of the hazards involved. These are potential problems and what you should do if you encounter them:

• Internal organ damage: Any form of surgery risks physical trauma to one’s internal organs. For example, liposuction can cause perforations or punctures when the surgical instruments come in contact with vital organs. These are potentially life-threatening injuries that will require additional surgery and monitoring for several weeks.
• Nerve damage: Many patients experience nerve damage after their cosmetic surgery procedures, with numbness and tingling being common. These effects may be temporary or permanent; up to 15% of women who have had breast augmentation, for instance, experienced permanent changes in nipple sensation. Medications and physical therapy are two potential treatment options.
• Infection: This remains one of the most prevalent problems in cosmetic surgery and may be due to unclean instruments or other sanitation issues. One particular complication is cellulitis, which occurs when bacteria enters the skin. Infection can be fatal if it is not properly treated and may require intravenous (IV) antibiotics for particularly severe cases.
• Scarring: Although many people choose cosmetic surgery for improving their aesthetic appeal, the procedure can ironically leave a patient with undesirable scarring. Patients may encounter problems as nerve endings grow back in the affected area, leaving them with itchy and painful skin. A doctor can perform revision surgery to mitigate the appearance of the scar.
• Anesthesia problems: Because many patients must undergo anesthesia for their procedures, there is a heightened risk of complications such as lung infections, strokes, and heart attacks. In some cases too much anesthesia can cause death. A doctor will need to place the patient on a regimen of proper hydration, nutrition, medication, and rest to ensure recovery.

Steps to Take If You Have Any Issues

After a cosmetic surgery procedure, you should follow your doctor’s instructions and monitor your own condition until you are fully healed. If you notice any complications such as the ones listed above, it is vital that you report them to your doctor for immediate medical attention. You should also take the additional steps:

• Make personal notes about your experience: Keep a journal to document any problems you encounter because of your surgery, including pain and bodily limitations.
• Save all records related to your procedure: This includes everything related to the actual surgery as well as documents pertaining to any post-operative care you receive.
• Consider a second opinion: There is nothing wrong with seeking a second opinion from another medical professional, especially if you suspect your plastic surgeon did something wrong.
• Contact our experienced medical malpractice attorney: For patients in Syracuse and Central New York, our legal team is ready to advise you of your options for seeking compensation for your medical bills and other losses.

CDH Law is experienced with handling cases of medical malpractice involving cosmetic surgery. Reach out to us and get started with your legal matter today.

Medical malpractice cases in Syracuse involve tough legal standards, complex evidence, and difficult scientific concepts. Therefore, it’s crucial to choose a capable attorney to represent you in your case. Here are a few things to consider when selecting a Syracuse medical malpractice attorney:

Experience with Medical Malpractice Cases

Experience counts in medical malpractice cases. Your attorney needs to understand what evidence to look for, how to present it effectively, what tactics doctors and their insurers use to dodge liability, and how to counter those tactics. Practical experience with medical malpractice cases makes a lawyer much better prepared to fight on your behalf.

Understanding of Medical Terminology

Malpractice cases involve complicated scientific concepts and medical jargon. Therefore, it helps to have a lawyer who understands the difference between a femur and a fibula, as well as how different parts of the body function. You don’t need to quiz your lawyer, but they should be able to take complex ideas and explain them to you in plain terms.

Record of Success

Lawyers sometimes talk a big game without the results to back it up. Medical malpractice cases are tough to win, and you want an attorney who knows what it takes to get you the money you need. Ask any attorney you’re considering about their overall track record and history with medical malpractice cases in particular. If they don’t have a solid record in these cases, you might want to look for a different lawyer.

Access to Expert Witnesses

New York law requires your attorney to submit a Certificate of Merit in a medical malpractice case. This document states that your lawyer has reviewed the facts of the case and spoken to at least one doctor to determine if you have grounds for a claim. Accordingly, it’s vital for your medical malpractice attorney to have access to doctors and other expert witnesses whose testimony can support your claim. Ask any lawyer you’re thinking about hiring to represent you about the doctors and other scientific experts they work with on these cases.

Communication Skills

Much of what lawyers do every day involves written or verbal communication. If your lawyer struggles to communicate with you or the other parties in your cases, their lack of communication skills could undermine your chances of recovering fair compensation. Look for an attorney who can explain legal concepts in plain English and speak and write effectively. Additionally, ask them about how they communicate with clients, how often they provide case updates, and their availability to answer your questions or concerns.

Fee Structure

It’s fair to ask a medical malpractice attorney about their fee structure, and they’ll likely expect the question. Look for a lawyer who works on a contingency basis, which means they only get paid if they recover compensation for you. This fee structure reduces your immediate financial burdens while helping you access capable legal representation. Working on a contingency basis also aligns your lawyer’s interest with yours, so they’ll have a strong incentive to fight for maximum compensation on your behalf.

Personal Connection

Finally, you should choose a lawyer with whom you have a personal connection. Medical malpractice cases can take months or years, so you want to hire an attorney you’re comfortable with. Look for a lawyer who genuinely empathizes with your situation and will provide personal support along with legal guidance.

Trust Our Experienced Medical Malpractice Lawyers to Protect Your Rights

At CDH Law, our Syracuse medical malpractice lawyers proudly represent victims in their fight for justice. Our medical malpractice attorneys have decades of legal experience and know all the ins and outs of these cases. Our compassionate and dedicated team will make the legal process as painless as possible while keeping you informed every step of the way. Call now or complete our contact form for a free consultation.

Going to the doctor can be nerve-wracking enough. Finding out long after the fact that you have a significant medical condition that could have been caught and treated before it took its toll can be devastating. One study found that misdiagnosing patients may harm nearly 800,000 people in the United States each year. These are individuals who become permanently disabled or pass away due to misdiagnosis and diagnostic errors.

Here’s a closer look at how medical professionals misdiagnosing medical conditions can have dangerous and deadly consequences for patients.

What Is a Misdiagnosis?

Misdiagnosis involves a medical professional incorrectly identifying a patient’s illness or other medical condition. This includes failure to diagnose, which can occur when a medical practitioner fails to uncover the nature of a medical condition or problem when a comparably trained practitioner would have reasonably been able to arrive at the correct diagnosis under the same circumstances.

Some of the most common types of medical misdiagnosis in New York can include:

• Incorrectly diagnosing a medical condition
• Failure to diagnose a medical condition
• Delayed diagnosis of a medical issue or condition

Medical misdiagnosis cases can be complicated because failure to diagnose can also lead to a medical professional not recognizing potential complications or not recognizing related injuries or illnesses. You trust your doctor to do what’s best for you, communicating about your condition and giving you the information you need to make informed healthcare decisions. Misdiagnosis can cause a devastating chain reaction of events that can impact you for the rest of your life.

Risks and Consequences of Misdiagnosing Medical Conditions

A significant number of medical conditions can be misdiagnosed. One of the most common is cancer. When a doctor or other medical provider fails to diagnose a deadly disease or medical condition like cancer, myocardial infarction, pneumonia, or other issues, the results can be deadly. Failing to diagnose and treat a medical issue can cause it to spread or worsen until it destroys vital tissues and organ systems beyond the point of medical intervention. In medicine, early detection can be lifesaving.

Some of the risks associated with the misdiagnosis of significant medical conditions include:

• Delayed treatment
• Worsening health outcomes
• Adverse side effects from treating the wrong condition
• Incorrect or unnecessary surgeries or other treatments
• Allowing other dangerous medical conditions to develop
• Death

Many patients who experience a misdiagnosis also experience emotional distress, psychological harm, and an increased financial burden due to the overwhelming medical expenses associated with treating the wrong condition before treating the correct condition.

Legal Recourse for Patients

Patients experiencing the consequences of a medical misdiagnosis may have legal options for recovering compensation for their medical expenses and other financial losses. While every medical malpractice case is unique, in many cases, patients can pursue compensation for the following:

• Medical expenses
• Lost wages
• Loss of future earning potential
• Emotional distress
• Pain and suffering
• Wrongful death

Pursuing compensation through a medical malpractice lawsuit in New York can be challenging without the help of an experienced medical malpractice lawyer helping you navigate the process. Medical malpractice and misdiagnosis cases tend to be complex. It takes a resourceful and skilled attorney to evaluate your situation and help you understand your legal options for pursuing maximum compensation for your harm.

A New York Medical Malpractice Attorney Can Help

Failing to diagnose an injury or medical condition can result in significant and sometimes irreversible damage to your physical, mental, and financial health. The compassionate medical malpractice attorneys at Carden Dotzler Hammond, PLLC, want to help you through this challenging time and pursue meaningful compensation for your financial and personal losses. Contact our office today to arrange a case review to discuss your situation.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

When someone is diagnosed with cancer, time is of the essence, as there are many complicated decisions about treatments, prognosis, and quality of life. When providers make medical errors, such as a delayed or missed cancer diagnosis, it robs patients of that time. 

If you or a loved one has been affected by a missed or delayed cancer diagnosis, you may be entitled to compensation. You also do not have to go through the process of seeking compensation alone. An experienced Syracuse medical malpractice attorney can evaluate your case and help you understand your medical options.

What Is a Failure to Diagnose Cancer?

A failure to diagnose cancer occurs when a medical professional fails to identify and treat cancer in a patient when they reasonably should have. This typically happens when a patient exhibits clear signs and symptoms of cancer that a competent doctor should have recognized. 

There are a few common forms this error could take: 

• Failure to order appropriate and timely screenings like mammograms, colonoscopies, and biopsies based on a patient’s risk factors and symptoms 
• Radiologists’ and pathologists’ misinterpretation of test results from imaging studies or biopsies, leading to a missed or incorrect diagnosis
• Dismissing patient symptoms or downplaying significant symptoms that warrant further investigation, delaying diagnosis and treatment
• Lack of proper follow-up following abnormal test results or scheduling necessary appointments
  

For many patients, failure to diagnose has devastating outcomes. That’s because successful cancer treatment and the likelihood of recovery depend heavily on an early diagnosis. When a failure to diagnose cancer occurs, the patient often misses a critical timeframe during which treatment is most effective.

Can I File a Medical Malpractice Claim After a Failure to Diagnose Cancer?

When a diagnosis is delayed or missed, there may be cause for a medical malpractice suit. Medical malpractice means professional negligence by a healthcare provider that causes harm or injury to a patient. 

To better understand your options and rights in New York, if you suspect medical malpractice led to a delayed or missed cancer diagnosis, take the following steps:

1. Confirm your diagnosis with a second opinion from an independent oncologist in New York to verify your cancer diagnosis and stage.
2. Gather all medical records related to your diagnosis.
3. Contact a New York medical malpractice attorney. They can help to review your case, identify liable parties, build an investigation, and explain your rights to pursue compensation. 

How Do I Establish Liability?

In medical malpractice cases involving a failure to diagnose cancer, it’s important to establish a few elements:

• A duty of care must exist between the patient and the healthcare provider
• The healthcare provider’s actions must fall below the accepted standard of care for a reasonably prudent medical professional in the same situation
• A delayed or missed diagnosis must have directly caused the patient’s injuries, such as disease progression, increased treatment needs, or reduced life expectancy
• The patient must have suffered damages due to the malpractice, including physical pain, emotional distress, lost wages, and medical expenses

What Kind of Compensation Can I Receive?

Patients who have suffered due to a missed or delayed cancer diagnosis have the right to seek compensation for their losses. This compensation may address:

• Medical expenses related to treatment, surgery, chemotherapy, radiation, and hospitalization
• Lost wages and income if you’re unable to work during treatment
• Physical pain and suffering, emotional distress, and a reduction in quality of life
• Loss of consortium or compensation for the family members of the patient
• Wrongful death-related damages, such as funeral expenses and loss of financial support 

Contact Our Experienced Syracuse Medical Malpractice Attorneys

Facing a delayed or missed cancer diagnosis is devastating. An experienced attorney can take charge of pursuing the compensation you deserve through a medical malpractice claim. Contact Carden Dotzler Hammond, PLLC, to discuss your situation in an initial consultation and learn about your legal options.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

We go to hospitals for life-saving medical care, but sometimes, medical providers’ negligence results in severe harm to patients. If you believe you suffered injuries due to negligence at a New York hospital, you have the right to seek compensation for the resulting losses.

What Negligence Means in New York Hospital Negligence Cases

Proving hospital negligence can be challenging due to the high standard of proof required in medical malpractice cases. Typically, proving negligence in a personal injury case involves showing how it’s more likely than not that someone failed to take reasonable precautions to prevent your injuries. However, medical malpractice cases involve proving a hospital or healthcare provider failed to meet the medical standard of care. That means the hospital or healthcare provider’s actions did not align with what another provider with similar training and experience would have done in the same situation. This higher standard of proof is one reason you need a lawyer’s help in these cases, as they can gather the evidence necessary to help you recover fair compensation.

Common Examples of Hospital Negligence

Hospital negligence can take many forms. Some typical examples include:

• Poor Sanitation and Cleaning – Unsanitary conditions during a medical procedure can lead to infections and other potentially life-threatening complications.
• Medication Administration Errors – Giving patients the wrong medication or the wrong dose of a medication can lead to severe, potentially deadly side effects.
• Failing to Properly Train Staff – Without proper training, nurses and other hospital staff might not know how to properly care for patients, leading to dangerous errors and the potential for grievous injuries.
• Inadequate Patient Monitoring – When doctors and nurses don’t properly monitor patients’ vital signs during and after surgery, they can miss signs of potentially severe complications that can cause further injuries or even kill a patient.
• Overcrowded or Understaffed Facilities – Patients can suffer severe injuries in hospitals when there aren’t enough staff to give everyone the individual attention they need. For example, rushed nurses may miss signs of complications or administer incorrect medication.
• Ignoring or Delaying Patient Care Requests – Overcrowded or understaffed hospitals may have trouble quickly responding to patient care requests, which can lead to injuries if patients experience sudden symptoms and need rapid treatment.
• Incorrect Patient Identification or Record-Keeping Errors – Poor record-keeping and other patient identification errors can lead to wrong-site surgeries, incorrect surgeries being performed on patients, and other severe errors.
• Inadequate Fall Prevention Measures – Patients can sustain severe fall injuries while walking around a hospital or during rehabilitation if facilities don’t take proper fall prevention measures.

Potential Compensation for Hospital Negligence

If you sustained injuries due to hospital negligence, a Syracuse medical malpractice attorney can help you seek fair compensation, including money for:

• Any current or future medical expenses related to your injuries
• Your lost income while you heal from your injuries
• Any reduction in your earning potential due to a long-term disability
• Pain and suffering due to your injuries
• Emotional distress resulting from your injuries

Deadline to File a Hospital Negligence Lawsuit in New York

If you want to sue a New York hospital for negligence during a procedure, state law requires you to do so within two years and six months of when you sustained your injuries. However, you might have additional time if your injuries do not show up immediately. Talk to a lawyer as soon as possible to preserve your rights and maximize your chances of recovering full compensation.

Talk to a New York Hospital Negligence Attorney Now

CDH Law PLLC understands the immense toll medical malpractice injuries can take and will handle the work involved in suing a negligent hospital. Call us today or complete our contact form for a free case evaluation.

We trust surgeons and other healthcare providers with our lives, but they can cause catastrophic injuries when surgical errors occur. To make matters worse, proving negligence in these cases involves significant legal challenges. If you want to prove a surgeon or medical facility committed a surgical error that amounts to malpractice, you’ll need airtight evidence and a proven legal team.

Establishing Liability for Surgical Errors

It’s not enough to show that a surgeon or medical facility made a mistake in a New York medical malpractice case. To recover compensation for your losses, you must prove that the liable party failed to meet the appropriate medical standard of care. That means you must demonstrate that the liable party’s actions did not align with what another healthcare provider with similar training and experience would have done in the same situation.

Some types of evidence you can use to support your medical malpractice claim include:

• Medical records – Documents showing what was supposed to happen in your surgery and what actually happened can help illustrate what went wrong and who made the mistakes. Medical records can also document your injuries and how long they will take to heal, helping to quantify your losses.
• Expert testimony – Testimony from doctors, nurses, and other medical professionals can reveal whether your healthcare provider’s actions before, during, and after the surgery align with generally accepted medical practices. For instance, witnesses can testify if medical professionals properly monitored you for complications during and after the procedure.
• Eyewitness accounts – Accounts from the doctors, nurses, and other staff who performed your procedure could provide details about what happened and whether anyone made any mistakes. Even if their accounts contradict your medical records or other evidence, that contradiction can suggest someone is trying to cover up malpractice.
• Informed consent forms – If there are discrepancies between what you agreed to when you signed the informed consent form and what happened during the procedure, those discrepancies can help demonstrate how a healthcare provider acted negligently.

Examples of Surgical Errors

Surgical errors in Syracuse and Central New York take many forms, including:

• Surgeons performing procedures on the wrong side or wrong part of the body
• Surgeons performing an incorrect procedure
• Surgeons leave surgical tools or instruments inside patients’ bodies
• Surgeons causing nerve damage during a procedure
• Anesthesia errors
• Perforated or punctured internal organs
• Infections due to unsanitary conditions or poor post-surgery monitoring
• Failure to properly monitor patients’ vital signs during and after a procedure
• Improper sutures to close an incision after a finished procedure

Compensation for Surgical Errors in New York

Unlike many states, New York does not cap your potential compensation in a medical malpractice case. This is good news, though you’ll still need legal guidance to maximize your compensation. Our team can help you seek compensation for:

• Any current and future medical expenses related to your injuries
• Your lost wages while you heal
• Your decreased earning potential due to your injuries
• Pain and suffering
• Emotional distress
• Diminished quality of life

Deadline to File a New York Medical Malpractice Lawsuit

New York law gives you two years and six months from the date you sustained your injuries to file a medical malpractice lawsuit. While you may be allowed more time if your injuries weren’t immediately obvious, that’s not guaranteed. Talking to a lawyer as soon as possible gives you the best chance of recovering fair compensation for your losses.

Contact a Syracuse Surgical Error Lawyer Now

CDH Law PLLC understands the drastic consequences of surgical errors and can be your champion in your fight for fair compensation. Call us now or complete our contact form for a free case evaluation.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

Heart attacks are life-threatening medical emergencies that require immediate attention and accurate diagnosis to treat effectively. A failure to promptly diagnose a patient’s condition can result in severe health complications or even death. Tragically, this happens far more often than many realize.

If you or a loved one has experienced a misdiagnosed heart attack, you may be entitled to compensation through a medical malpractice claim. Here’s what you should know.

Understanding Heart Attack Misdiagnosis

A heart attack, or myocardial infarction, occurs when blood flow to the heart is blocked, usually by a buildup of plaque in the coronary arteries. Common symptoms include chest pain, shortness of breath, nausea, and pain radiating to the arm or jaw. However, some people, particularly women and older adults, may experience atypical symptoms, leading to potential misdiagnosis.

Misdiagnosis can happen in several ways:

1. Dismissing symptoms as less severe conditions (e.g., indigestion or anxiety)
2. Failing to order appropriate diagnostic tests
3. Misinterpreting test results
4. Overlooking risk factors or medical history

A misdiagnosed heart attack can have severe and far-reaching consequences on the patient’s life, impacting their health and quality of life. When a heart attack is misdiagnosed, critical time is lost during which effective treatments could be pursued, such as the administration of clot-busting drugs or surgical procedures to restore blood flow to the heart. This delay can lead to extensive organ damage that reduces the heart’s ability to pump blood efficiently, which might cause chronic heart failure or other serious cardiovascular complications. Furthermore, a misdiagnosis can increase the risk of a subsequent, potentially fatal heart attack. 

Legal Implications of Heart Attack Misdiagnosis

A failure by a healthcare professional to diagnose a heart attack correctly may constitute medical malpractice. As such, patients who have suffered harm because of a misdiagnosed heart attack may have grounds for a medical malpractice lawsuit. To succeed in such a claim, the patient (or their survivors, in the event that the heart attack proved fatal) must establish that another healthcare provider of similar experience and training would have correctly diagnosed the condition based on the symptoms.

Depending on the circumstances, any of the following could be liable for the patient’s misdiagnosis:

• The treating physician
• The hospital or medical facility
• Nurses or other healthcare staff involved in the patient’s care
• Laboratory technicians responsible for running and interpreting tests

If a medical malpractice claim is successful, the patient or their survivors may be entitled to various forms of compensation, including for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Loss of enjoyment of life

In cases of wrongful death, survivors may be entitled to compensation for things like funeral expenses and loss of companionship.

Seeking Legal Recourse

If you believe you’ve been a victim of heart attack misdiagnosis, it’s crucial to take prompt action by:

• Obtaining Medical Records: Gather all relevant medical records, including test results, doctor’s notes, and treatment plans.
• Seeking a Second Opinion: Talk with another healthcare provider to assess your condition and the appropriateness of the care you received.
• Writing Things Down: Keep a detailed record of your symptoms, medical visits, and how the misdiagnosis has affected your life.
• Consulting an Experienced Attorney: Medical malpractice cases are complex. An attorney who has experience handling these claims can evaluate your case and guide you through the legal process.

Contact an Experienced Medical Malpractice Attorney Today

Heart attack misdiagnosis can have severe consequences, both medically and legally. If you or a loved one suffered harm due to a misdiagnosed heart attack, it’s essential to understand your rights and the potential for legal recourse. 

The Syracuse medical malpractice attorneys at CDH Law, PLLC, can explain your rights, evaluate your options, and pursue your claim on your behalf. We’ll fight vigorously to protect your rights and seek the compensation you deserve.

Don’t let a misdiagnosis go unchallenged. Contact us today to get started with a free consultation.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

Experiencing a medical misdiagnosis can be devastating. Instead of receiving the treatments you need, the underlying condition goes undetected and worsens. This may cause serious and perhaps irreversible health problems that might even threaten your life.

You might be wondering about your legal options and whether you can sue for medical malpractice. Depending on the circumstances in your case, you may be able to. It’s time to talk with the Syracuse, NY legal team at Carden Dotzler Hammond, PLLC.

What Is Considered a Misdiagnosis?

A misdiagnosis occurs when a medical professional fails to correctly identify a patient’s condition, leading to incorrect, delayed, or no treatment. This can result in declining health conditions, unnecessary and sometimes risky medical procedures, and sometimes death. Common scenarios surrounding the misdiagnosis include:

• Diagnosing a patient with, and treating for, the wrong illness
• Failing to diagnose a more serious condition
• Failing to correctly diagnose the stage of a condition
• Delaying a diagnosis that allows the disease or condition to progress

Misdiagnosis not only affects physical health but can also cause significant emotional and financial strain. The patient and their family undergo the agony of knowing that the condition could have been detected and treated much earlier if the physician had been more competent.

Legal Grounds for a Medical Malpractice Claim

To sue for a misdiagnosis, the plaintiff must pursue a medical malpractice claim. This requires establishing that the healthcare provider was negligent and that the negligence caused harm to the patient. These are the elements that the patient must prove in Syracuse, NY:

• Duty of care: The doctor or facility must owe the patient a duty of care. This is typically established by proving that there was a doctor-patient relationship.
• Breach: This means the provider violated the above duty by negligently failing to deliver the standard of care expected in the medical community. Expert testimony is often used to establish what a similarly trained doctor would have done under similar circumstances.
• Causation: The patient must prove that the breach directly caused their injury or aggravated their condition, which requires detailed medical records and expert analysis.
• Damages: Finally, the patient needs to show that the misdiagnosis caused specific losses, such as physical pain, mental anguish, additional medical bills, and lost earnings. These are known as damages, for which the patient will seek monetary compensation.

Steps to Filing a Medical Malpractice Lawsuit

Understanding the steps you will need to take to file a medical malpractice lawsuit can help you organize and prepare for the process:

Consult a Syracuse medical malpractice attorney

The first step is to consult with an attorney who is experienced with medical malpractice. They will evaluate your case, gather necessary evidence, and advise on the viability of your claim.

Obtain medical records

Your attorney will request all relevant medical records to review the details of your treatment and the misdiagnosis. These will prove vital in establishing the required elements of your claim.

Retain an expert witness

Expert witnesses, who are usually other medical professionals, will review your case and provide testimony on whether the standard of care was breached and how it caused your injury. Our firm has a reliable network of expert witnesses who can assist.

File the complaint

Your attorney will draft and file a complaint with the appropriate New York court. This document formally initiates the litigation, outlines your allegations against the healthcare provider, and sets forth the compensation you seek.

Conduct discovery

Discovery is the formal process by which parties to a civil lawsuit request and exchange relevant documents and information. Your attorney will help you send requests to the opposing party and respond to requests that you receive.

Engage in settlement negotiations

Many medical malpractice cases are settled out of court, saving time and hassle. Your attorney will negotiate with the defendant’s insurance company and lawyers to reach a fair settlement. If the parties cannot reach a settlement, the case will proceed to trial.

Trial

If the case goes to trial, your attorney will present evidence and expert testimony to prove your claim to a jury. Our team of dedicated litigators will seek the maximum compensation available under law and be ready to counter the defendant’s arguments.

Factors that Affect the Outcome of a Misdiagnosis Case

Every Syracuse, NY misdiagnosis lawsuit is different, and numerous factors will impact the outcome of your claim. Some examples include:

• The strength of the evidence: Well-documented cases that clearly demonstrate not only the misdiagnosis but its financial and personal impacts on the patient tend to yield better results. We use all available means to gather the evidence necessary to prove your claims.
• The severity of the plaintiff’s injuries: A more severe injury will result in substantial medical bills, lost wages and decreased earning capacity, disability, pain and suffering, and other long-term problems. These translate into stronger legal cases.
• The attitudes of the defendants and their insurers: If the defendant is cooperative and fair, a settlement is more likely. Meanwhile, the insurer is more likely to settle if it understands the strength of your case. On the other hand, refusal to accept blame or take the plaintiff seriously may push the matter to trial.
• The statute of limitations: New York has a deadline, known as a statute of limitations, for filing a medical malpractice lawsuit. With some exceptions, it is two and a half years from the date of the misdiagnosis or from the end of continuous treatment for the condition. If the statute of limitations is close to expiring in your case, the parties may be more motivated to settle.

How to Prepare for a Misdiagnosis Lawsuit

The plaintiff bears the burden of showing that a misdiagnosis occurred and that it meets the criteria of a New York medical malpractice claim. You can prepare for your case by:

• Taking action early: Although you may have plenty of time before the statute of limitations expires, the strongest cases are generally filed early. Evidence can be lost and memories can fade if you wait too long.
• Documenting your losses: Start gathering your medical records now, along with losses stemming from your medical problems such as missed time from work. This will save time and ensure you are not leaving anything out.
• Making notes about your personal experiences: Misdiagnosis cases are not just about financial consequences. Victims can seek compensation for decreased quality of life, emotional distress, pain and suffering, and other intangible losses. Start making notes about these now.
• Consulting experienced Syracuse legal counsel: You do not want just any law firm handling your misdiagnosis case. Your attorney should be knowledgeable about New York medical malpractice claims. That’s where CDH Law comes in.

To learn more about these lawsuits, connect with us today. We can review the details of your claim and discuss your legal options by scheduling a confidential consultation.

A misdiagnosis can be a harrowing experience, impacting not only a person’s physical well-being but also their emotional and financial stability. If you find yourself in a situation where you believe you have been misdiagnosed, it is crucial to understand your rights a s a patient. In this guide, we will explore the rights of patients following a misdiagnosis and the steps you can take to seek justice.

Understanding Your Rights

• Right to Informed Consent: Patients in New York have the right to be fully informed about their medical conditions and treatment options. Informed consent involves understanding the risks, benefits, and alternatives to any proposed medical intervention. If a misdiagnosis leads to inappropriate treatment or procedures, it may constitute a violation of this fundamental right.
• Right to a Second Opinion: Patients have the right to seek a second opinion from another healthcare professional. If you suspect a misdiagnosis, obtaining a second opinion can provide clarity and potentially uncover the correct diagnosis. New York law recognizes and supports a patient’s autonomy in seeking additional medical advice.
• Right to Medical Records: Patients have the legal right to access their medical records under the Health Insurance Portability and Accountability Act (HIPAA). Reviewing your medical records is crucial if you suspect a misdiagnosis, as it allows you to understand the basis for the initial diagnosis and identify any errors or oversights.
• Right to Compensation for Damages: If a misdiagnosis results in harm or worsens your medical condition, you may have the right to seek compensation for damages. These damages may include medical expenses, lost wages, pain and suffering, and any other losses incurred as a result of the misdiagnosis. Consulting with a personal injury attorney can help you assess the viability of a medical malpractice claim.
• Right to File a Medical Malpractice Lawsuit: Patients in New York have the right to pursue legal action against healthcare professionals who commit medical malpractice, including misdiagnosis. To establish a medical malpractice claim, you must demonstrate that the healthcare provider breached the standard of care, the misdiagnosis resulted in harm, and a direct link exists between the breach and the harm suffered.

It is important to be aware of the statute of limitations for medical malpractice claims in New York so that you effectively protect your rights to seek compensation. Generally, the patient has 2.5 years from the date of the alleged malpractice or from the end of the continuous treatment to file a lawsuit. Navigating the legal complexities of a medical malpractice will usually merit the retaining of a knowledgeable personal injury attorney. An experienced lawyer can assess the details of your case, guide you through the legal process, and advocate for your rights. They will help you understand the strength of your claim and the potential avenues for compensation.

Contact Our Medical Malpractice Attorneys in Central New York

A misdiagnosis can have profound consequences on a patient’s life, but understanding your rights is the first step toward seeking justice. For medical malpractice legal counsel you can trust, reach out to the dedicated team at CDH Law. Contact us today.