When an individual is sick or wounded, they shouldn’t have to worry about getting the appropriate treatment from a treating doctor. However, that is not the case. Doctors have been known to misdiagnose certain conditions or illnesses. Furthermore, some doctors also failed to properly treat illnesses and conditions even when they properly identify same. In some cases, the doctor fails to timely diagnose a condition or illness. A doctor’s misdiagnosis or failure to properly diagnose a condition or illness may have drastic consequences for the patient. The patient’s condition (existing injury or sickness) could be exacerbated, a new medical problem arises that now needs attention, or the patient could die from the doctor’s misdiagnosis.
Some examples of conditions that are mistreated or misdiagnosed by doctors include:
- Pulmonary embolism
- Lyme Disease
- Stroke
- Heart Attack
- Breast Cancer
- Colorectal Cancer
- Fractures
- Aortic Aneurisms
- Meningitis
- Appendicitis
- Skin Cancer
Our team of lawyers realize the significant level harm that can be caused by a doctor’s misdiagnosis or failure to properly diagnose an illness or condition. Our goal is to help those patients and in some cases their families who were caused unnecessary injury get back on their feet after this traumatic and possibly life changing experience.
When Can Doctors be Found Liable for a Misdiagnosis or Failure to Diagnose?
Doctors have an obligation to follow certain protocols when diagnosing a patient. When a doctor deviates from the accepted procedure that is adhered to by the medical community, and misdiagnoses a patient, they can be found liable for any additional damage that occurs. A doctor can be found liable if they did any of the following and further injury or sickness occurred:
- The doctor failed to correctly interpret or recognize the symptoms reported by the patient
- Failed to Order the Proper Tests
- Failed to Properly Analyze Lab Results or Films
- The Doctor Failed to Check Symptoms in the Proper Order
- The Doctor Failed to Quickly Respond to Abnormal Test Results and Start Necessary Treatment
- The Doctor Misdiagnosed an Illness or Injury
How to Avoid Misdiagnosis or Late Diagnosis:
If you are experiencing persistent symptoms, and your doctor’s diagnosis or treatment has not brought any relief, you should not be shy about asking your doctor(s) tough questions and do whatever you can to ensure you are properly tested and examined.
Some tips for participating in the diagnosis process include:
- Self-educate yourself, if possible. If you are aware of what the commons symptoms are for a particular condition or illness, you may be able to assist yourself with regard to the type of treatment that you need to receive.
- Ask your doctor what else your condition could be if you believe that your condition may be something contrary to what your doctor is telling you.
- Get a second opinion. Even if the diagnosis seems like a sure thing, it is important to get a second opinion especially if treatment will involve invasive surgery, a rigorous medical regiment, or a long recovery period.
- Trust your own intuition. If you think your doctor has not correctly diagnosed your condition, research and look for evidence to support your concerns, and discuss them openly with your doctor. Getting a second opinion (or a third opinion) or getting your tests redone will either confirm your suspicions, or confirm that your doctor’s diagnosis was correct.
How Can Our Team Of Medical Malpractice Attorneys Help You?
Cases involving misdiagnosis or untimely diagnosis can be incredibly complex, since they usually depend on highly technical interpretations of different types of medical data – including MRIs, CT scans, X-rays, lab results, and more. In order to pursue a successful medical malpractice case, you need an attorney who has intimate knowledge of medical science, and access to expert medical witnesses in the field who can testify in your case. Injured patients who are considering a lawsuit against their doctor should seek the assistance of an experienced medical malpractice lawyer who will fight for their rights. A good medical malpractice attorney can help patients identify what went wrong and whether they have a valid claim.
Our team has an efficient process for handling potential claims for misdiagnoses and failure to diagnose. We first sit down with the patient and interview them to find out the circumstances surrounding their sickness or condition and the treatment that they obtained. We will then obtain your medical records and review them. Our lawyers will conduct the necessary due diligence and have top medical experts review the injured patient’s medical records. Once we have completed our initial investigation, we will sit down with you again to go over your options and will work together with you to get you a favorable outcome.
Our team of attorneys is always available to answer your questions. We are very responsive to phone calls and emails 24 hours a day, 7 days a week, 365 days a year. Our team will work swiftly, efficiently, and aggressively to meet your needs and to obtain a favorable result for you.
In most cases, the time for commencing a medical malpractice claim is two and a half years from the time of the malpractice. There are certain circumstances where the statute of limitation time period is shorter. Time is of the essence. The lawyers at The Law Offices of Effie Soter, P.C. offer free initial consultations to discuss your rights. You can contact us at (646) 504-7384 or via email to learn more about your rights so that we can obtain the best outcome for you.
DISCLAIMER: This site and any information contained herein are solely intended for informational purposes only and should not be construed as legal advice nor does it form an attorney-client relationship. Seek competent legal counsel for advice on any legal matter.