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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
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  • $5.5 Million Bronx - Birth Injury Accident
  • $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
Rosenberg, Minc, Falkoff & Wolff, LLP - New York Medical Malpractice Lawyers
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New York City Medical Malpractice Law Blog

Failure to Diagnose Caused Ed McMahon Months of Pain

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. 

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 1-212-697-9280 and getting a free, confidential consultation.



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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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