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.
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:
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:
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 1-866-516-5887 and getting a free, confidential consultation.