Ed filed a failure to diagnose medical malpractice lawsuit against both the Cedars-Sinai Medical Center and the orthopedic surgeon who performed the surgeries. Ultimately, Cedars-Sinai Medical Center settled with Ed for an undisclosed amount. 

Legal Matters

If you wish to file a medical malpractice lawsuit against a doctor or medical center for their failure to diagnose you, then you should consult with a qualified medical malpractice lawyer who can correctly guide you through the process. Diagnostic errors generally result in severe patient harm and often have the highest total penalty payouts. 

Because the law differs according to state, an NYC medical malpractice attorney will be best suited to represent you if you live in NYC. By identifying the type of diagnostic error, as well as what caused it, your medical malpractice attorney should be able to prove that a failure to diagnose occurred and build a viable case around it. 

In order to legally prove that a failure to diagnose occurred, you will need to show that:

  1. A doctor-patient relationship existed between you and your doctor
  2. You would not have suffered your current injury if your doctor had diagnosed you properly
  3. A more reasonable doctor would have correctly diagnosed your medical condition based on your symptoms and treated you accordingly - thus showing that your doctor acted negligently

It is important to bear in mind that the law doesn’t always hold doctors as legally responsible for all diagnostic errors, which is why you will need the assistance of a qualified medical malpractice attorney. This is due to the nature of human error, and so a failure to diagnose can be difficult to prove because:

  • Your medical problem may have likely caused you harm even if your doctor had promptly diagnosed and treated it
  • You yourself may have consulted with the incorrect medical specialist
  • You may have knowingly or unknowingly withheld important information or given misleading information to your doctor which could have assisted or hindered their ability to correctly diagnose you
  • Your doctor’s mistake may have been one that any reasonable doctor could have made, and so they cannot be considered to have acted negligently

Thus, proving a doctor’s failure to diagnose can be both confusing and strenuous without the assistance of a knowledgeable, legal professional. 


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


You can speak to one of our medical malpractice attorneys today by calling 212-344-1000 and getting a free, confidential consultation.



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New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



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Queens, NY 11435

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The Bronx, NY 10451

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1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

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