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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, September 30, 2019.

Failure to diagnose is a kind of diagnostic error that is caused by your doctor being negligent in treating you. If your doctor doesn’t take the necessary steps to determine what illness you have, then you are at risk of sustaining an injury or disability; in fact, some people have even lost their lives due to a doctor’s failure to diagnose. Ultimately, failure to diagnose leads to you receiving delayed or incorrect treatment, or no treatment at all.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, August 09, 2019.

In 2007, Ed McMahon, a TV show host, suffered a fall at a Los Angeles home which resulted in a fractured neck. He went to Cedars-Sinai Medical Center the following morning for assessment. Doctors at the hospital did not take an X-ray and failed to diagnose his neck fracture. They discharged him without further investigation. 

When Ed continued to experience increasing pain and discomfort, he returned to the hospital. A full assessment was conducted, and it was revealed that he did, in fact, have a fractured neck. Ed underwent two spine surgeries to repair the damage, however, he later claimed that these two surgeries were both botched. He suffered great pain and discomfort for months as a result and indicated that he interrupted his activities of daily living and regular functioning. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, July 12, 2019.

On the 11th of September, 2003, John Ritter, a well-known comedic actor on shows such as “Three’s Company” and “8 Simple Rules,” died as a result of an aortic dissection - also known as a tear in the inner layer of the aorta. This condition is fatal, as the aorta is the main blood vessel that transports blood away from your heart and to the rest of your body. 

The signs and symptoms of aortic dissection and heart attack are very similar; thus doctors need to be stringent and follow all the necessary protocols to ensure that an accurate diagnosis is made. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, June 17, 2019.

A doctor’s failure to diagnose occurs when they are negligent or fail to take the necessary steps to determine the nature of your illness, which then causes you harm. The reason for this harm is because a doctor’s failure to diagnose can lead to incorrect or delayed treatment being administered or worse, no treatment is administered at all.

There are several factors that contribute to failure to diagnose within the primary healthcare system, with some being more prevalent than others. Such diagnostic errors include:

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, May 20, 2019.

A doctor’s failure to diagnose a patient's medical condition is the most common reason why patients sue their doctors. This statistic also includes a doctor misdiagnosing a patient and/or delaying their diagnosis.

What is Failure to Diagnose?

Failure to diagnose is caused by a doctor’s negligence or failure to take the specific steps necessary to determine the nature of your illness. This negligence then causes you harm, as treatment is either delayed or isn’t administered at all, due to there being no record of it.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, April 22, 2019.

In 2013, Johns Hopkins researchers found that diagnostic errors - such as failure to diagnose - accounted for the largest fraction of medical malpractice claim payouts. Diagnostic errors also resulted in the most severe patient harm and the highest total penalty payouts.

In fact, Doctor David E. Newman-Toker at Johns Hopkins School of Medicine argues that diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, April 08, 2019.

According to a recent study, in almost 16% of the cases, radiologists will report false-positive cancer readings in mammogram x-rays. Many of these radiologists are younger and newly trained doctors who may be likely to make more errors in interpretation than their more experienced counterparts.

The Journal of the National Cancer Institute found that only if the radiologists could compare films from their earlier mammogram screenings, the rate of these “false-positives” could be lowered significantly.

Dr. Joann Elmore, professor of epidemiology at the University of Washington (School of Medicine), says that it is alarming how common false-positives have become in the US. She also said that false-positives are most likely to occur in the case of breast cancer mammogram screenings but it shouldn’t discourage women from having annual check-ups.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Tuesday, October 02, 2018.

Lewy body dementia refers to a particular kind of dementia that has three possible initial presentations. New Yorkers who have LBD are sometimes misdiagnosed as having Alzheimer's because the two conditions have some of the same symptoms. This can be harmful to people with LBD because they may respond positively to some dementia medications that are less likely to be prescribed if they are erroneously diagnosed with Alzheimer's disease, and because people with LBD may respond negatively to some Alzheimer's drugs, sometimes with lasting side effects.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Thursday, September 27, 2018.

Typically, cellulitis is diagnosed based on how the affected area looks and what the patient reports as symptoms. There are a number of other skin conditions that might have symptoms similar to those of cellulitis, so it is sometimes misdiagnosed. Cellulitis is a bacterial skin infection that causes skin inflammation. New York residents might be interested in the results of a study from Brigham and Women's Hospital that demonstrates early dermatologist consultation for patients who were thought to have cellulitis improved outcomes and prevented misdiagnoses.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Thursday, September 20, 2018.

When it's suspected that a New York patient has interstitial lung disease (ILD), diagnosis typically involves invasive techniques such as checking a tissue sample and performing a bronchoscopy with specialized instruments to view airways. According to a study specific to ILD and similar pulmonary conditions, routine rheumatology assessments may minimize the need for more invasive diagnostic procedures in some instances. Researchers also believe diagnosis accuracy may be improved with adjustments to testing processes.

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CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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