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.
Medical malpractice law is quite complex when it comes to failure to diagnose cases, as there is an element of human error that needs to be considered. The law doesn’t hold doctors as legally responsible for all diagnostic errors, and so failure to diagnose medical malpractice lawsuits are heavily dependent on the type of diagnostic error that occurred, as well as its cause.
Common Diagnostic Errors
To put forward a viable case, you will need to be able to explain what diagnostic error you believe your doctor made:
Common Causes of Failure to Diagnose
Furthermore, a reliable medical malpractice case cannot be resolved until the cause of the diagnostic error that resulted in your injury has been identified:
You should immediately consult with a qualified medical malpractice lawyer if you decide to pursue a medical malpractice lawsuit related to a doctor’s failure to diagnose. These lawyers have much experience with medical malpractice law and will be able to help you prove that a failure to diagnose occurred which led to your injury or disability.
If you live in NYC, then you will need to consult with a qualified NYC medical malpractice attorney. This is because the law differs between states, and your medical malpractice attorney will be able to tell you what the statute of limitations is, and the procedure that you need to follow to ensure the best possible result by proving that:
It's important for you to know that many doctors are now practicing what is known as “defensive medicine,” and that the nature of human error and disease progression can make it difficult to prove that a failure to diagnose occurred. However, you should not let this deter you. A doctor’s failure to diagnose has the potential to cause you irreversible pain and injury, as well as death, and should not go undetected.
If you, or even a family member may have experienced a failure to diagnose, then please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC on 1-212-697-9280. You can speak to one of our medical malpractice attorneys who will provide you with a free, confidential consultation.
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.
The death of a child in hospital is something that is dreaded by all hospital staff, yet it is a...