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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, 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.

What Is Failure to Diagnose?

Failure to diagnose occurs when a doctor is negligent or fails to take the steps necessary to determine the nature of your illness, which then causes you harm. This is because failure to diagnose can lead to incorrect or delayed treatment being administered, or even no treatment being administered at all. 

Types

There are various types of medical diagnostic errors, of which failure to diagnose is one. Other types of diagnostic errors include:

  • Wrong diagnosis
  • Delayed diagnosis
  • Failure to recognize complications
  • Failure to diagnose an unrelated disease
  • Failure to monitor and detect infection
  • Failure to conduct a proper physical exam and review medical history
  • Failure to order proper screenings and tests

Any of these medical diagnostic errors have the potential to injure, disable, or even cause death.

Causes of Failure to Diagnose

Common reasons for failure to diagnose include: 

  • Limited access to high-quality primary care
  • Poor availability of healthcare professionals and specialists
  • Poor teamwork
  • Limited availability of diagnostic tests
  • Poor communication
  • Poor care coordination
  • Limited follow-up appointments
  • Unaffordable care
  • Poor/limited training of healthcare providers
  • Limited availability of health informatics resources
  • Human factors and cognitive issues

Statistically, the incidence of failure to diagnose is higher in emergency settings. This is due to the increased time pressure that doctors are under, which results in them having less time to investigate each patient adequately and draw up an accurate differential diagnosis. 

Legal Matters

Because of the nature of human error, the law doesn’t hold doctors as legally responsible for all diagnostic errors. So, for you to pursue a medical malpractice lawsuit, you need to prove that a failure to diagnose occurred. This is done by you proving that:

  1. A doctor-patient relationship existed between you and your doctor
  2. Had your doctor diagnosed you properly, then you would not have suffered your current injury
  3. Your doctor acted negligently by you proving that a different, more reasonable doctor, would have correctly diagnosed your medical problem based on your symptoms and treated you accordingly

It is important that you consult a medical malpractice lawyer when pursuing a medical malpractice lawsuit such as this, as there are many difficulties associated with failure to diagnose cases.

This is because proving a doctor’s failure to diagnose can be very difficult for a multitude of reasons. Some of these reasons include the fact that: 

  • The medical problem you had when you consulted with the doctor was likely to cause you harm even if it had been promptly diagnosed and treated
  • You may have approached the wrong specialist
  • You may have withheld important information or given misleading information to your doctor which may have aided or hindered their ability to correctly diagnose the problem
  • If your doctor’s mistake was one that any reasonable doctor would have made, then they are not considered to have acted negligently

Contact

If you believe that you or a family member may have experienced failure to diagnose, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys. 

When you are ready to talk, we are ready to listen. Call 1-866-516-5887 for a free, confidential consultation.

 

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.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Thursday, September 13, 2018.

When New York men are diagnosed with prostate cancer, doctors might also use a test known as prostate-specific membrane antigen positron emission tomography imaging to determine whether the cancer has metastasized. When PSMA is detected as a highly expressive enzyme in tissue, it can be an indication that the cancer is spreading.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, September 07, 2018.

People in New York typically approach eye doctors when they are experiencing eye pain or vision problems. Time constraints on doctors and their failure to think about alternative diagnoses could result in diagnostic mistakes when patients present with symptoms somewhat out of the ordinary. An analysis of 122 patients diagnosed with acute optic neuritis and referred to a university neuro-ophthalmology clinic determined that 59.8 percent of them had received the wrong diagnosis.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, August 31, 2018.

Some older people in New York who are in the early stages of age-related macular degeneration may not be properly diagnosed. A study by researchers at the University of Alabama, Birmingham that was published in "JAMA Ophthalmology" found that one quarter of patients who had signs of the condition were not diagnosed.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Tuesday, August 21, 2018.

Coverys, the provider of liability insurance for medical practitioners, has released a report that may be of interest to New York residents. After studying over 10,000 radiology-related medical liability claims filed between 2013 and 2017, researchers found that the misinterpretation of clinical tests was behind 80 percent of all diagnosis-related claims.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, August 17, 2018.

New Yorkers who suffer brain injuries may fall into vegetative or minimally conscious states. For people who have prolonged periods of problems with consciousness, getting the proper diagnosis is vital for their chances of recovery. Now, guidelines have been released for the proper diagnosis of people who are in minimally conscious or vegetative states.

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$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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