Misdiagnosis & Wrong Surgery in NY? Get Top NYC Medical Malpractice Lawyers

Misdiagnosis Leading to Wrong or Unnecessary Surgery: Medical Malpractice Cases in New York

Surgical procedures often carry inherent risks, but when those surgeries are unnecessary due to a misdiagnosis, the consequences can be devastating for patients. In New York, where access to advanced medical care is expected, the occurrence of surgical interventions based on misdiagnosis raises significant concerns about patient safety and medical accountability.

These cases often fall under medical malpractice law, which aims to provide recourse for individuals who have suffered harm due to healthcare provider negligence. If you or someone you love has been a victim of medical or surgical negligence, get legal representation from an experienced New York City medical malpractice attorney as soon as possible.

What is a Misdiagnosis?

A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s medical condition, either by diagnosing the wrong illness (false positive) or failing to recognize the presence of a disease (false negative). Misdiagnosis becomes particularly dangerous when it leads to unnecessary surgical intervention.

Common reasons for misdiagnosis include:

• Failure to Review Medical History: Overlooking critical patient information.
• Diagnostic Errors: Misinterpreting lab results, imaging studies, or physical examination findings.
• Inadequate Time with Patients: Rushed consultations that fail to gather a comprehensive picture.
• Cognitive Bias: Anchoring on an initial diagnosis without considering alternative possibilities.

How Misdiagnosis Can Lead to Unnecessary Surgery and Patient Harm in New York Hospitals

Surgical procedures are intended to treat conditions that cannot be effectively managed through non-invasive methods. With that said, when surgeries are performed based on an incorrect diagnosis, they expose patients to avoidable risks and complications. These unnecessary interventions often arise from diagnostic errors, such as misinterpreting test results, reliance on incomplete patient histories, or overlooking key symptoms.

Here are a few common examples of how misdiagnoses in New York hospitals and surgery centers can lead to unnecessary surgeries and result in patient harm.

Cancer Misdiagnosis

False positives for cancer remain one of the most frequent causes of unnecessary surgeries. For instance, benign breast lumps can be mistaken for malignant tumors, leading to mastectomies that cause emotional and physical distress. Similarly:

• Thyroid Cancer: A false cancer diagnosis based on ambiguous fine-needle biopsy results can lead to unnecessary thyroid removal (thyroidectomy), causing lifelong dependence on thyroid hormone replacement therapy.
• Lung Cancer: Nodules detected on imaging scans, which may be harmless or due to infections, are sometimes treated as malignant, resulting in unnecessary lobectomies or wedge resections.

Heart Conditions

Cardiac misdiagnoses often stem from incomplete evaluations or over-reliance on stress tests and electrocardiograms (ECGs).

• Angina or Coronary Artery Disease: Patients may undergo stent placement or bypass surgery despite no significant arterial blockage.
• Valve Replacement: Misinterpreted echocardiograms can lead to unnecessary valve surgeries in patients with minor, non-progressive valve abnormalities.

Orthopedic Conditions

Orthopedic surgeries based on misdiagnoses can leave patients worse off than before the procedure.

• Spinal Conditions: Herniated disks or minor degenerative changes, incorrectly linked to pain, may lead to unnecessary spinal fusions, which can restrict mobility and require extensive recovery.
• Knee or Hip Problems: Advanced imaging can falsely identify joint issues, prompting unwarranted knee replacements or hip arthroscopies in patients with manageable symptoms.

Gastrointestinal Disorders

Diagnostic errors in gastroenterology can lead to invasive, unnecessary procedures.

• Crohn’s Disease or Ulcerative Colitis: Misdiagnosed inflammatory bowel conditions can lead to avoidable bowel resections that alter the digestive system permanently.
• Appendicitis: Misdiagnosis often occurs due to vague abdominal pain and reliance on imaging, leading to unwarranted appendectomies when inflammation is absent.

Gynecological Issues

Errors in diagnosing gynecological conditions are common and can lead to unnecessary surgeries with significant consequences for fertility and hormone regulation.

• Uterine Fibroids: Non-cancerous fibroids are sometimes treated with hysterectomies despite alternative treatment options like medications or uterine artery embolization.
• Ovarian Cysts: Simple, functional ovarian cysts can be misinterpreted as malignant, leading to unnecessary oophorectomies (ovary removal).

Gallbladder Removal (Cholecystectomy)

Patients with non-specific upper abdominal pain or functional gastrointestinal disorders are sometimes diagnosed with gallstones as the primary cause of their discomfort. Many undergo gallbladder removal despite evidence showing no improvement in symptoms post-surgery when stones are not the true source of the issue.

Back or Neck Pain Surgeries

Chronic pain in the back or neck is often attributed to conditions visible on imaging scans, such as bulging disks or mild degenerative changes. These findings, which may not be the true cause of pain, can lead to unnecessary surgeries like discectomies or cervical fusions.

Prostate Surgery

Elevated prostate-specific antigen (PSA) levels may lead to misdiagnosis of prostate cancer. Men may undergo unnecessary prostatectomy, which carries risks of urinary incontinence and sexual dysfunction, despite having benign conditions like prostatitis or benign prostatic hyperplasia (BPH).

Sinus Surgery

Patients with chronic sinusitis symptoms are sometimes misdiagnosed due to reliance on CT scans, which can show abnormalities even in healthy individuals. Unnecessary endoscopic sinus surgeries may be performed without adequately addressing underlying allergies or infections.

Carotid Artery Surgery

Carotid endarterectomy or stenting is often recommended for patients diagnosed with carotid artery stenosis based solely on imaging studies. Furthermore, many of these patients do not meet criteria for surgical intervention and would benefit more from medical management.

Bariatric Surgery

Obesity misdiagnoses linked to hormonal imbalances or underlying health conditions can lead patients to undergo bariatric surgeries that may not address the root cause of weight gain and pose significant risks.

Example Scenarios of Misdiagnosis Leading to Surgery in New York

Diagnostic errors leading to unnecessary surgery are a troubling reality, often causing profound physical, emotional, and financial harm. Here are a few common scenarios to highlight the wide-ranging consequences of wrong surgical interventions based on misdiagnosis.

Unnecessary Mastectomy

A New York woman underwent a mastectomy after being falsely diagnosed with breast cancer following a misinterpreted biopsy. Post-surgical pathology revealed a benign condition, confirming that the surgery was unnecessary. The emotional trauma, physical loss, and ongoing medical complications, such as lymphedema, led to a successful legal claim against the negligent healthcare providers.

Erroneous Spinal Fusion

A Manhattan construction worker underwent a spinal fusion after an MRI was misread, leading doctors to believe he had severe degenerative disk disease. The surgery failed to alleviate his symptoms and instead caused permanent mobility issues. Upon review, the MRI findings were deemed normal, and the legal case revealed a failure to consult a second radiologist before proceeding with invasive surgery.

Nonexistent Cardiac Blockage

A Brooklyn man underwent coronary artery bypass surgery after stress test results falsely indicated a significant blockage. Post-operative angiography, performed after complications arose, showed no blockage, and the stress test was later found to have been improperly interpreted. The case resulted in compensation for the patient’s pain, loss of wages, and unnecessary surgical risks.

Appendicitis Misdiagnosis

A Bronx teenager experienced abdominal pain and underwent an appendectomy. Taking this into account, post-surgical examination revealed no inflammation or pathology in the removed appendix. The legal proceedings uncovered that the hospital failed to use advanced diagnostic imaging, such as an ultrasound or CT scan, which would have ruled out appendicitis.

Unnecessary Thyroidectomy

A Staten Island teacher underwent thyroid removal surgery after a fine-needle biopsy suggested thyroid cancer. Post-surgical pathology revealed a benign nodule. The patient now faces lifelong thyroid hormone replacement therapy due to a preventable misdiagnosis.

Hysterectomy for Benign Uterine Fibroids

A Queens mother was advised to have a hysterectomy after imaging suggested the presence of cancerous uterine fibroids. The surgery left her unable to have more children, only for subsequent pathology to confirm the fibroids were non-cancerous. The legal claim uncovered a failure to seek a second opinion or recommend less invasive diagnostic procedures.

Unneeded Gastric Bypass Surgery

A Long Island man underwent gastric bypass surgery after being misdiagnosed with morbid obesity due to a hormonal imbalance. Post-surgery, he experienced severe malnutrition and required ongoing corrective treatments. A review showed his underlying condition could have been treated with medication alone.

Gallbladder Removal for Indigestion

A Westchester County woman experienced recurrent abdominal pain, which was misdiagnosed as gallstones. After undergoing gallbladder removal surgery, her symptoms persisted, and a second opinion revealed the true cause was irritable bowel syndrome (IBS), which did not require surgery. This led to a successful medical malpractice claim.

Nonexistent Endometriosis Surgery

A Brooklyn woman underwent laparoscopy to treat suspected endometriosis, based on vague symptoms and inconclusive imaging. The surgery revealed no endometriosis, and further investigation found that her symptoms were linked to an undiagnosed gastrointestinal disorder. The lack of proper diagnostic steps prior to surgery was deemed negligent.

Unnecessary Knee Replacement

A retired NYC police officer was misdiagnosed with severe arthritis and underwent knee replacement surgery. When post-operative pain persisted, new imaging showed that the pain was due to an undiagnosed ligament injury that could have been treated non-surgically.

Lung Lobectomy for Benign Nodule

A Bronx resident had a lobectomy to remove a suspected cancerous nodule seen on a CT scan. After surgery, the biopsy confirmed the nodule was benign and likely caused by a prior infection. Legal proceedings exposed the failure to recommend a biopsy or monitoring before surgery.

Exploratory Surgery for Misdiagnosed Ectopic Pregnancy

A Queens woman underwent exploratory surgery for a suspected ectopic pregnancy. The surgery revealed no such condition, and further testing later confirmed a healthy intrauterine pregnancy. The unnecessary procedure increased the risk of complications for the ongoing pregnancy.

Sinus Surgery for Chronic Congestion

A Manhattan man was diagnosed with chronic sinusitis and underwent endoscopic sinus surgery. The symptoms persisted post-surgery, and allergy testing later revealed the true cause: an untreated allergic rhinitis condition that could have been managed with medication alone.

Carotid Endarterectomy for Misdiagnosed Stenosis

A Brooklyn retiree underwent a carotid endarterectomy after being misdiagnosed with severe carotid artery stenosis based on ultrasound findings. Later, a CT angiogram showed minimal narrowing that did not warrant surgical intervention. The patient pursued a malpractice claim for the unnecessary risks and long recovery.

The Consequences of Misdiagnosis Leading to Unnecessary Surgery

Undergoing surgery based on a misdiagnosis exposes patients to physical, emotional, and financial harm.

• Physical Harm: Complications from surgery, such as infections, anesthesia reactions, or organ damage, may lead to long-term health issues.
• Emotional Distress: Patients may suffer from anxiety, depression, and loss of trust in the medical system.
• Financial Strain: Unnecessary procedures often result in significant medical bills, prolonged recovery periods, and lost wages.
• Delayed Treatment: The actual medical condition remains untreated, potentially worsening the patient’s overall prognosis.

Legal Remedies for Victims in New York

In New York, patients harmed by misdiagnosis leading to surgery can pursue a medical malpractice claim if they can establish the following elements:

1. Duty of Care: The healthcare provider owed the patient a standard of care consistent with accepted medical practices.
2. Breach of Duty: The provider deviated from this standard by failing to diagnose the condition accurately.
3. Causation: The misdiagnosis directly led to unnecessary surgery and resulting harm.
4. Damages: The patient suffered measurable damages, such as medical expenses, pain and suffering, or lost income.

How a New York Medical Malpractice Attorney Can Help Victims of Misdiagnosis Leading to Surgery

Medical malpractice cases involving misdiagnosis are inherently complex, requiring legal representation from proven NYC surgical malpractice lawyers. The attorney can pursue the following actions to recover compensation for the victims:

• Thorough Investigation: Analyzing medical records, imaging, and lab results to uncover diagnostic errors.
• Medical Testimony: Collaborating with medical experts to determine deviations from standard diagnostic protocols.
• Aggressive Negotiation: Securing fair settlements by demonstrating the long-term impact of unnecessary surgery.
• Trial Readiness: Preparing for litigation to hold negligent parties accountable if settlement negotiations fail.

How to Prevent Misdiagnosis Leading to Surgery

Patients can take proactive steps to reduce their risk of unnecessary surgery, including:

• Seeking Second Opinions: Consulting additional specialists for confirmation of a diagnosis.
• Requesting Detailed Explanations: Understanding all diagnostic results and proposed treatments.
• Exploring Alternatives: Asking about non-surgical options whenever possible.
• Making Informed Choices: Asking about all available diagnostic tests before proceeding with surgery.

Choose the #1 New York Surgical Negligence and Medical Malpractice Law Firm

If you or a loved one has suffered due to surgical or medical negligence, turn to the surgical malpractice attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, New York City's leaders in medical malpractice law for over four generations. With a 95% success rate and over $1 BILLION recovered for injured New Yorkers, we have the experience, resources, and dedication to fight for the largest possible compensation for your injuries and losses.

Our recent results speak louder than words:

• $15 Million Jury Award Against a Hospital
• $15 Million for a Neurosurgical Brain Injury
• $10.5 Million for Infant Brain Damage
• $9 Million Settlement for a Brain-Injured Baby

Recognized by the New York Law Journal and awarded the prestigious "Top Personal Injury Lawyer" honor by Martindale-Hubbell, our attorneys are relentless in holding negligent medical professionals accountable. If we take your case, you can trust our team to be focused, compassionate, and unyielding in securing the maximum compensation for your pain and suffering.

Reach out to Rosenberg, Minc, Falkoff & Wolff, LLP today. There are no upfront fees, and you only pay if we win. Let us help you move forward with the compensation and justice you need. To schedule your free consultation, call us at 212-344-1000 or contact us online.