If a doctor in New York City (NYC) failed to diagnose a medical condition that has since caused you harm, you may be entitled to compensation. Contact our NYC failure to diagnose condition lawyers at Rosenbaum & Rosenbaum, P.C., to discuss your legal options.
Your initial consultation is at no cost to you, so there are zero risks involved in meeting with us so we can review your case and offer some initial legal advice. Give us a call to get started today.
How Rosenbaum & Rosenbaum, P.C., Can Help You If Your Doctor Failed to Diagnose a Condition
Our New York law firm knows you trust medical professionals to keep you safe, and the breach of that trust can be life-changing.
We also know that pursuing compensation from a negligent doctor or hospital or going up against a powerful insurance company can be intimidating.
That’s where our NYC personal injury lawyers can help. Collectively, we have 40+ years of experience navigating the most complex medical malpractice cases on behalf of injured New Yorkers. During that time, we’ve been able to recover life-changing financial awards on their behalf.
At Rosenbaum & Rosenbaum, P.C., we consider our clients family, and we take care of their legal needs just as we would for a family member. When we represent you, you receive exceptional service.
Among the many issues our NYC personal injury lawyer handle for you:
- Investigate the situation to understand what happened
- Collect and examine all medical records
- Speak to healthcare professionals involved in your case
- Consult with medical experts regarding your condition
- Handle settlement discussions with insurance companies
- Represent you at trial if we don’t get a satisfactory settlement offer
With over four decades of legal experience, Rosenbaum & Rosenbaum, P.C., will stop at nothing to ensure you get the best possible outcome. You don’t have to go through any of this on your own. Having a competent lawyer by your side can ease your mind, knowing your case is in good hands.
Failure to Diagnose Condition: Overview
Every year, about 40,000 to 80,000 people across the United States are the victims of wrongful death as the result of a doctor’s failure to properly diagnose common medical conditions. All medical professionals, including your doctor, must follow a reasonable standard of care when they provide you with treatment. When the care falls short, the results can be tragic.
Our NYC failure to diagnose condition attorneys can help you fight for the money you deserve.
What Are Examples of Failure to Diagnose a Medical Condition?
Doctors fail to achieve the standard of care in any of the following ways when it comes to a diagnosis. For example, some doctors may::
- Fail to note a medical issue on the diagnosis list.
- Conduct or interpret a medical test improperly.
- Fail to recognize the medical urgency of a problem, thereby delaying diagnosis.
- Fall victim to ineffective communication across the chain of patient care, in which case other medical staff or the hospital may be at fault.
If you were injured as a result of a physician’s failure to diagnose your condition, we can help. Call our NYC law firm to learn more about how we can help you seek compensation.
How Do You Prove a Failure to Diagnose Caused My Injury or Illness?
Proving that a doctor failed to diagnose your medical condition can be tricky. There are a number of issues to consider in coming to that conclusion.
Was There a Doctor-Patient Relationship?
A doctor-patient relationship is typically established when a doctor acts in a patient’s case, essentially by agreeing to do so and taking steps to examine, diagnose, or treat the patient. Once a doctor creates that relationship, a legal contract is formed and the doctor then has the duty to treat the patient and live up to the standard of care–or end the relationship.
Did the Doctor Fail to Live Up to the Standard of Care?
It may take an expert to weigh in on the issue of whether a doctor lived up to the standard of care expected. For example, doctors typically list possible diagnoses and decide based on a process of elimination. They’re expected to update that list during the process if other elements arise to suggest possible diagnoses that didn’t originally make it on their list.
Was the Injury the Result of the Failure to Diagnose?
Making a connection between the failure to diagnose a condition and the resulting injury is called “causation.” Causation can be difficult to prove because you must show that the injury would not have happened or would not have worsened had a diagnosis been made.
What Compensation Can You Expect If You Were Injured by a Failure to Diagnose a Condition?
If you sustained an injury or illness due to a failure to diagnose a condition, you are entitled to both economic and non-economic damages.
Examples of economic damages:
- Medical expenses
- Lost wages
- Loss of earning capacity
- On-going medical care, such as in-home care
- Out-of-pocket expenses
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of life enjoyment
The odds may be slim that you contributed to the failure to diagnose, but it’s good to keep in mind that New York is a comparative negligence state. This means that the amount you can recover will be affected by your percentage of the blame.
How Long Do I Have to File a Lawsuit For Failure to Diagnose Condition in New York State?
The state of New York has a limit–known as the statute of limitations–on the amount of time you have within which to file a lawsuit. The limit in personal injury cases, including failure to diagnose cases, is two years.
Contact a New York City Failure to Diagnose Condition Lawyer Today
Our NYC medical malpractice attorneys at Rosenbaum & Rosenbaum, P.C., know how to handle cases that can be difficult to prove. You’ll have our decades of experience on your side as you stand up for your right to compensation for your injury.
Call our NYC law office to arrange a free consultation. You pay nothing unless we win.