Failure to diagnose a serious condition can be a basis for medical malpractice lawsuit, as the doctor has failed to provide the basic standard of care to the patient. To take an actual example, a person goes to his primary doctor, as he is suffering from significant pain in his left shoulder. The doctor performs a checkup and tells the patient he is fine.

Read more: Failure to Diagnose in a Medical Malpractice Case

Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor's path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.

Read more: Suing a Doctor for Delaying Treatment

New York health care providers are among those who must contend with the implications of misdiagnosis. The issue is significant, and according to experts, solutions are slow in coming. The areas affected have remained consistent since the term and definition for misdiagnosis were coined in 2005. Diagnostic errors tend to be particularly common for cancer and cardiovascular issues as well as for infections. Some of the most common failure to diagnose issues include bowel perforation, pulmonary embolism and myocardial infarction.

Read more: Dealing with misdiagnosis issues

In as many as 20 percent of all cases, a patient may be misdiagnosed, incorrectly diagnosed or not diagnosed with a condition in a timely manner. In these cases, the consequences for the patient can be severe and might result in permanent injury or death in worst-case scenarios. A study of autopsy and malpractice data by the Internet Journal of Family Practice found that there were several illnesses that were the most commonly misdiagnosed.

Read more: Illnesses that New York doctors may fail to diagnose correctly

One man's 10-month ordeal trying to obtain an accurate diagnosis and treatment of his Lyme disease symptoms might help the 300,000 people afflicted with the illness in New York and in other parts of the United States each year. The delayed treatment was due, in part, to the inability of tests available in the U.S. to accurately identify the presence of the disease that is transmitted by up to 18 different tick species.

Read more: Erroneous tests cause delayed treatment of Lyme disease

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