We place trust in our doctors and hospitals to provide us with an accurate and timely diagnosis. When a medical provider wrong diagnosis or fails to diagnose a medical condition, the consequences can be serious, or even fatal.
Hiring an experienced lawyer for your medical misdiagnosis claim is essential. The Law Offices of Steve Newman can help you understand New York’s complex laws and prove your medical misdiagnosis claim.
Steve Newman is a New York City medical misdiagnosis lawyer with over 31 years of experience. Steve uses his knowledge and detailed medical analysis from our network of certified physicians to build a strong case and help you obtain the compensation you are owed.
What Is a Medical Misdiagnosis?
The term medical misdiagnosis includes many types of medical errors. The following are some of the most common.
Mistakes in Diagnosis
An incorrect diagnosis may lead to a patient receiving unnecessary tests, procedures, and medications. Meanwhile, the real issue remains untreated, which can lead to serious complications or even be fatal.
Doctors can also misdiagnose a medical condition by assigning the incorrect stage or category for the disease classification (e.g. the stage of cancer).
Delayed Diagnosis
Sometimes, doctors do not recognize an illness, even when the symptoms are clear. A late diagnosis allows the disease to spread, which can make the right treatment harder to identify and less effective when it is finally administered.
Cancer patients are a notable group of individuals who rely on early diagnosis to give them the best chance at remission and recovery.
Not Noticing or Ignoring Complications
Doctors who do not realize a patient is having a bad reaction to the treatment or who fail to act when there is a bad reaction might cause lasting harm to the patient. It is essential for physicians to follow the accepted standard of care in monitoring and following up with patients following any procedure or surgery.
Not Recognizing Unique Needs
A patient’s preexisting conditions or medical history can affect whether a treatment is appropriate for them. Healthcare providers who do not identify or consider underlying conditions or the presence of multiple diseases may move forward with a treatment that may be harmful to a patient. For example, a patient may need surgery at the same time they are fighting an infection.
If the physician moves forward with the surgery before treating the underlying infection, the surgery may be unreasonably dangerous and cause unnecessary complications for the patient.
Can I Handle a Medical Misdiagnosis Case on My Own?
It’s not recommended for patients to handle medical misdiagnosis claims on their own. Medical misdiagnosis malpractice cases can be challenging to prove. A New York misdiagnosis attorney must analyze multiple areas of law to prove the healthcare provider’s medical misdiagnosis caused your injuries.
A successful claim for medical misdiagnosis will require an extensive investigation, large amounts of evidence, and testimony from expert witnesses.
A delayed diagnosis lawyer must prove to the court or jury that your injuries and claimed damages are a direct result of the doctor’s misdiagnosis or delayed diagnosis. Evidence must show the doctor made an error that another equally qualified doctor in similar circumstances would not have made.
For example, you might show that another doctor would have ordered a certain test to investigate specific reported symptoms.
Medical misdiagnosis claims are complex, and it takes a lot of time and resources to prepare and present your case. The Law Offices of Steve Newman can be your experienced guide through this challenging and confusing time.
What Is the Deadline for Filing a Medical Misdiagnosis Claim?
Under New York law, patients are allowed to file a medical misdiagnosis claim for two-and-a-half years after the date of the misdiagnosis. The law contains limited exceptions to this filing deadline.
For example, if your misdiagnosis involves cancer, the deadline may be extended. The specific facts of your case will need to be reviewed by a knowledgeable medical misdiagnosis attorney to identify the filing deadline for your case.
Forms of Compensation
The laws of New York allow plaintiffs in medical misdiagnosis cases to claim damages in two general categories. The first category is compensatory damages, which includes economic and noneconomic damages.
Punitive damages are the second category of damages that can be awarded by the court or jury. Working with a lawyer for misdiagnosis is the best way to know which damages you can request in your lawsuit.
Economic compensatory damages are those that can be calculated using invoices, bills, receipts, and other readily available documents to show the plaintiff incurred these actual expenses as a result of the medical misdiagnosis. Economic damages cover a range of expenses including, but not limited to:
- Medical procedures,
- Doctor visits,
- Hospital stays,
- Nursing care,
- Prescriptions,
- Physical therapy, and
- Lost wages due to inability to work.
Noneconomic damages are the second part of compensatory damages. This category is used to compensate the plaintiff for injuries and outcomes that are difficult to value. Noneconomic damages may include:
- Disfigurement,
- Pain and suffering;
- Mental and emotional distress;
- Loss of company, affection, and assistance;
- Decline in life enjoyment; and
- Loss of opportunities.
Punitive damages are rare in medical misdiagnosis cases and extremely difficult to prove. To obtain punitive damages the plaintiff must show the doctor had no regard for their professional responsibilities and acted in a dishonest manner.
New York is one of the few states in the nation that does not have a limit on damages for medical misdiagnosis. It is beneficial to talk to a lawyer for misdiagnosis to estimate the compensation you can expect to receive in your case.
Speak to a NYC Medical Misdiagnosis Attorney Today
Life is full of unexpected changes, expenses, and losses when you or a family member is impacted by a medical provider’s misdiagnosis. The thought of filing a medical misdiagnosis lawsuit can be daunting. The Law Offices of Steve Newman has helped clients recover millions of dollars in damages for medical malpractice cases.
We understand you need a calm, confident misdiagnosis malpractice lawyer to ease some of your stress during this tumultuous time. Call the Law Offices of Steve Newman for a free consultation, 800-690-9880.