Medical Malpractice and Diagnostic Errors
Our Personal Injury Lawyers Helps Victims of Medical Malpractice Collect Compensation When Injuries Result from Diagnostic Errors
Doctors do not always get everything right. There are times when a doctor fails to diagnose an illness or diagnoses a patient with the wrong ailment. When this occurs, it may be too late to treat the patient, and death may result.
At times, it means a worsening of a condition that could have been addressed sooner and more efficiently. These things happen. But when they happen because a doctor was negligent, you may have a claim for medical malpractice.
At Alonso Krangle, LLP, our New York medical malpractice lawyers are experienced at representing victims who are harmed by negligent health care providers. When a medical professional misdiagnosis a patient, we are here to help you understand what happened and protect your legal rights.
Claims involving medical malpractice on Long Island are often complicated, and the lawyers at Alonso Krangle can help you navigate through the world of insurance companies, hospital administrations, and the courts if necessary. We want to ensure that you receive the compensation you deserve and the maximum amount the law allows under the circumstances of your case.
We Have Lawyers With Experience Proving Medical Malpractice Based on Diagnostic Errors
As stated above, all diagnostic mistakes are not malpractice. Therefore, you can’t hold doctors legally responsible for damages every time there is a misdiagnosis, delayed diagnosis, or the failure to diagnose at all.
For a patient to hold a medical professional liable for a diagnostic error, he or she must prove the following elements:
- That the doctor owed the victim a duty. This can be done by demonstrating that there was a doctor/patient relationship in existence
- That the doctor was negligent or breached that duty by not acting reasonably
- That the negligence caused actual harm to the patient
The hardest part to prove is that the doctor breached the duty or did not act per reasonable standards. The patient has to prove that a doctor of similar education, training, and experience, under similar circumstances would not have made an incorrect diagnosis. What might be considered here?
- Did the doctor ask the right questions?
- Did the doctor order sufficient tests or the correct ones?
- Did the doctor seek, review, interpret the patients’ medical history and records?
- Did the doctor read the test results properly?
- Did the doctor refer the patient to specialists?
Negligence may occur elsewhere that can result in liability for diagnostic errors. In some cases, it is not the doctor but another staff member or even the institution itself that can be responsible. For instance,
- Was the testing equipment working correctly?
- Was it inspected as required by regulations?
- Did the lab personnel perform the tests correctly?
- Was there a mix-up in blood or results?
- Did the technician or specialist report accurately reflect the test results?
- Did someone misread something along the way?
- Did the hospital have proper procedures in place for processing tests?
If anywhere along the way, someone failed to adhere to the proper standard of care appropriate to those circumstances, you may have a malpractice claim.
The Breach of Care Must Cause Actual Harm
It is not always easy to prove that a diagnostic error that was the result of negligence caused harm. Why? Because the victim has to prove that the failure to diagnose correctly caused the condition or ailment to become worse. This often requires scientific and expert testimony that shows because of the delay; the patient is in worse condition than he or she would have been, if the patient received treatment sooner, or received an accurate diagnosis from the start.
For example, let’s say you have been diagnosed with Stage IV cancer. If you can prove that your doctor, had he acted reasonably under the circumstances, should have been able to diagnose you back when you had Stage I cancer, you may have a medical malpractice claim. You may get experts to show that if you were diagnosed at the start, you likely would have been able to make a full recovery which is out of the question now.
We Have Malpractice Lawyers Who Can Help You Collect Damages. What Can You Recover In a Misdiagnosis Case?
The compensation available in all medical malpractice cases, including those based on diagnostic errors, may include money for missed wages, accumulated medical bills, the cost of future treatments, and pain and suffering.
Act Now Before the New York Statute of Limitations Prevents You From Filing a Claim
There is a statute of limitations for medical malpractice cases in New York. If you do not file your claim within the time limit, you forfeit your legal rights to collect compensation. It is not possible to know how much time you have left until we hear the facts of your case. It is not always simple to determine when the time period begins and ends. Contact our medical negligence lawyers at Alonso Krangle, LLP today to make sure you protect your rights.
Contact Our New York Malpractice Lawyers
Call Alonso Krangle, LLP for help navigating your medical malpractice claim. Proving negligence requires skill and experience, and our lawyers are here to work through the complexities of your case so you can focus on your health. Leave it to Alonso Krangle, LLP to handle the legal issues, gather evidence, and negotiate on your behalf to ensure that you receive the compensation that you deserve.
Call us today for a free evaluation of your medical malpractice case. Call 516-350-5555 now for help if you have been the victim of a diagnostic error that has caused you further harm.