When a doctor fails to diagnose a patient’s medical condition, the patient’s condition may become more severe or even fatal. The failure to diagnose patients correctly is one of the most common types of medical malpractice lawsuits in New York and throughout the country. A doctor’s failure to order diagnostic tests, testing errors, and incorrect interpretation of diagnostic scans can all lead to patients becoming injured.
The Syracuse medical malpractice attorneys at Carden Dotzler Hammond, PLLC have successfully represented many victims who suffered from a worsening medical condition or a significant delay in treatment due to misdiagnosis or a failure to diagnose a medical condition. We also represent the surviving family members of victims who died because of medical malpractice.
Pursuing a Medical Malpractice Lawsuit
Learning that you could have been receiving treatment for your condition earlier had you been correctly diagnosed can be devastating for you and your loved ones. If you’ve been the victim of medical malpractice, you may wonder about your options to pursue compensation. You may be entitled to pursue a medical malpractice insurance claim through the at-fault doctor or surgeon’s malpractice insurance provider.
You may have a valid claim against the hospital or health clinic that employed the negligent doctor. Under New York law, when victims become seriously injured because of a doctor or nurse’s negligence, they have the right to pursue a medical malpractice lawsuit for damages in civil court.
Proving Liability in Failure to Diagnose Claims
Under New York law, doctors and other medical professionals can be held financially responsible for injuries to patients caused by their negligence. When a doctor provides the wrong treatment, fails to provide the correct treatment, or makes other departures from accepted standards of medical care, they can be held liable under New York law.
To recover compensation through a medical malpractice lawsuit, the patient must prove that the negligent doctor was in a doctor-patient relationship with him or her. The victim will also need to prove that the doctor’s failure to diagnose his or her medical condition fails to meet the generally accepted standards of practice in New York.
Supposing the doctor engaged in negligence is a specialist, such as a surgeon. In that case, the victim will need to prove that the surgeon failed to meet the generally accepted standards of practice of a reasonable surgeon in his or her geographic area with his or her specialty training. patients may be able to hold the hospital liable under the legal doctrine of respondeat superior. However, many doctors and surgeons are independent contractors and not employees of the hospital. Carden Dotzler Hammond, PLLC can help you understand your legal options and your best strategy for recovering compensation.
Damages Available Through Medical Malpractice Claims in New York
The legal remedies in a medical malpractice lawsuit usually include a monetary award for damages. monetary damages are intended to reimburse a victim for the losses he or she suffered because of the failure to diagnose a medical condition. Victims can recover compensation for their additional medical expenses, lost wages, pharmaceutical costs, disability, and pain and suffering. New York does not place a limit on how the amount of damages a plaintiff can recover in a medical malpractice lawsuit.
Types of Failure to Diagnose Claims We Handle
The failure to diagnose a patient correctly can be detrimental to a patient in several ways. Pursuing treatment for the wrong diagnosis can cause delays with the proper treatment of many types of diseases. An early and correct diagnosis can make a significant difference in a patient’s prognosis, so it’s crucial for a physician to use care when treating patients and diagnose them correctly.
At Carden Dotzler Hammond, PLLC, we understand the devastating consequences that can occur when a healthcare worker doesn’t diagnose a health condition in a timely manner, causing the patient further injury or even death. Our experienced, trial-ready attorneys have successfully represented clients in a wide range of medical malpractice cases, including, but not limited to, the failure to diagnose the following medical conditions:
- Cancer
- A heart attack
- A stroke
- Pneumonia
- A pulmonary embolism
- Organ puncture or perforation
- An infection
- Nerve injuries
- Spinal cord injuries
- Seizure-related disorders
- Appendicitis
- Bowel obstruction
- Bowel perforation
- Multiple types of cancer
The Dangers of Failure to Diagnose Cancer
Diagnosing cancer as soon as possible is critically important for patients. A patient’s prognosis can be positive when a doctor diagnoses cancer early and correctly. The sooner a patient has been diagnosed, the sooner the patient can undergo treatments such as radiation, chemotherapy, and surgery. Generally, the earlier the cancer is diagnosed, the more options the patient has and the higher the chances of survival.
However, when a doctor fails to diagnose cancer correctly or delays a cancer diagnosis, the patient’s prognosis may be more challenging. In some cases, when a doctor’s negligence leads to a failure to diagnose cancer, the patient’s disease may have already progressed to an advanced stage. The patient may not be able to undergo potentially life-saving treatments. The most common types of cancer involved in failure to diagnose cases include:
- Cervical cancer
- Prostate cancer
- Breast cancer
- Ovarian cancer
- Esophageal cancer
- Lung cancer
Examples of Medical Malpractice Leading to Failure to Diagnose Cancer
When doctors do not spend enough time reviewing a patient’s file or discussing the patient’s symptoms with him or her, they may miss important symptoms that could lead to a cancer diagnosis. Cancer symptoms can overlap with other diseases, so doctors must perform adequate testing to make an accurate diagnosis.
When a doctor fails to follow up on a patient’s complaint of a symptom or dismisses certain symptoms as insignificant, it can lead to the failure to diagnose cancer promptly. Doctors must use reasonable care when treating patients and, when necessary, order tests such as colonoscopies, mammograms, PSA tests, PAP tests, biopsies, and other tests to diagnose cancer correctly. When medical staff fail to administer these tests properly, a doctor fails to order these tests, or a radiologist or pathologist misinterprets the results, the patient’s diagnosis can be delayed.
Discuss Your Case with a Medical Malpractice Attorney in Syracuse
If you or your loved one have suffered injuries due to the failure to diagnose a medical condition, Carden Dotzler Hammond, PLLC is prepared to help you pursue the compensation you deserve. Don’t hesitate to contact our Syracuse medical malpractice attorneys to schedule a complimentary case evaluation.