Amanda gave birth two months later, only to find that she couldn’t see her baby boy properly due to her blurred vision. She went to the New York Eye and Ear Infirmary several weeks later and was diagnosed with glaucoma, a condition that damages the optic nerve due to abnormally high pressure around the eye. By the time Amanda was diagnosed and had surgery a month later, she was 90% blind.

After filing a medical malpractice lawsuit for her obstetrician’s failure to diagnose, Amanda went to trial and was awarded $15 million in damages for her life-altering injury.

Legal Matters

Failure to diagnose is a kind of diagnostic error caused by your doctor being negligent when treating you. If your doctor doesn’t take the necessary steps to determine what illness you have, then you are at risk of becoming injured or even disabled.

While a failure to diagnose should never happen, there are many reasons why they do. Some of the most common causes of failure to diagnose include:

  • Limited availability of diagnostic tests, specialists, or informatics resources
  • Poor training of healthcare providers
  • Not scheduling follow-up appointments
  • Poor communication and coordination
  • Unaffordable care
  • Negligence from doctors, nurses, or the facility
  • Medical errors such as anesthesia errors, birth injuries, surgical errors, and other doctor errors

What’s sad about Amanda’s case is that she had access to the required tests and specialists to diagnose her glaucoma, but her doctor was ultimately negligent and failed to diagnose her.

When Amanda filed her medical malpractice lawsuit, the obstetrician and hospital denied any wrongdoing. This is common in medical malpractice lawsuits, and doctors and hospitals generally have a list of reasons why they aren’t at fault, some of which include:

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

As this list shows, you need to consult with an NYC medical malpractice lawyer if you live in NYC and have been a victim of medical malpractice.

The law doesn’t hold doctors as legally responsible for all diagnostic errors, so you will have the best possible chance of winning your lawsuit and receiving compensation if you contact an NYC medical malpractice attorney. These NYC attorneys are specialists when it comes to medical malpractice law and the statute of limitations that pertain to NYC.


If you have been injured or disabled due to a doctor’s failure to diagnose you, then you can contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

By calling 212-344-1000, you can speak to one of our medical malpractice attorneys for a free, confidential consultation.


122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



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Queens, NY 11435

Tel: (718) 399-3100

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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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