Missed Diagnoses and Failure to Diagnose

Medical Malpractice Attorneys Securing Compensation For Misdiagnosis

A misdiagnosis by your doctor can cause you unnecessary pain and hospital stays that should not have happened. In the worst cases, a missed diagnosis can take years off the life of a loved one. If you or a family member has experienced this form of medical malpractice, you could be entitled to full financial compensation for a wide range of damages under New York state law.

You cannot put a price on the time you lost, but you can hold an incompetent doctor publicly responsible and help make sure they never do it again. As the largest personal injury firm in Queens, Mallilo & Grossman Attorneys at Law is uniquely qualified to help you with your claim. Our skilled attorneys are highly capable of handling complex misdiagnosis and failure to diagnosis claims on behalf of the injured. We will help make sure the medical malpractice insurer pays you a fair settlement. Otherwise, we will argue your case before the judge or jury, confident we can deliver a positive verdict.

The Consequences Of A Failed Medical Diagnosis

Not only can a botched diagnosis put you through needless treatment and medication for a condition you do not have, it can also delay the treatment you actually need by months or years. Meanwhile, your illness or injury gets worse and worse. In cases such as cancer and fetal distress, a failed diagnosis can directly lead to the patient’s death.

Nothing can bring back a lost family member or the years of your life lost due to nontreatment of your condition. But you can get compensation for the medical treatment you have received related to the missed diagnosis, as well as your lost wages, pain and suffering, and more. We know what it takes to bring a successful malpractice claim against the insurance company’s defense attorneys. Also, we work on a contingency basis. We do not charge legal fees until we have secured you a settlement or successful trial verdict.

We Can Help You Hold Your Doctor Responsible For Their Careless Errors

For a free case evaluation with one of our lawyers, contact Mallilo & Grossman Attorneys at Law at 1-866-593-6274 or send us an email. Our office is in Flushing, Queens.

Misdiagnosis Cases: FAQs

What is considered a misdiagnosis in medical malpractice cases?

A misdiagnosis occurs when a healthcare professional incorrectly diagnoses a patient's condition or fails to diagnose a medical condition altogether. This can result in delayed treatment, incorrect treatments, or no treatment, causing further harm to the patient.

Can I file a medical malpractice claim for a misdiagnosis?

Yes, you can file a medical malpractice claim if the misdiagnosis directly led to harm, injury, or worsening of your medical condition. To have a valid claim, you must prove that the healthcare provider’s negligence in diagnosing your condition caused you significant damages.

What types of compensation can I receive for a misdiagnosis claim?

Compensation for a misdiagnosis claim may include medical expenses, rehabilitation costs, lost wages, future medical care, and non-economic damages like pain and suffering or emotional distress. The amount depends on the severity of the harm caused by the misdiagnosis.

How long do I have to file a medical malpractice claim for misdiagnosis?

The time frame for filing a medical malpractice claim, known as the statute of limitations, varies by state. It’s generally between 1 to 3 years from the date of the misdiagnosis or the date you discovered the misdiagnosis. Consulting a medical malpractice attorney quickly is essential to ensure you don’t miss the deadline.

What evidence is needed to prove a misdiagnosis claim?

To prove a misdiagnosis claim, you will need medical records, expert testimony, and evidence showing that the healthcare provider failed to meet the standard of care. A medical malpractice attorney can help gather and present this evidence effectively.

How long does it take to settle a misdiagnosis medical malpractice case?

The time it takes to resolve a misdiagnosis claim varies. It depends on factors like the complexity of the case, the willingness of the parties to negotiate, and whether the case goes to trial. It can take anywhere from several months to a few years.

What should I do if I suspect I was misdiagnosed by my doctor?

If you suspect a misdiagnosis, seek a second medical opinion immediately to understand your condition. Then, consult with a medical malpractice attorney to review your case and determine if you have grounds for a claim.

Can a misdiagnosis be considered medical malpractice if my condition was rare?

A misdiagnosis can be considered medical malpractice even if the condition is rare, provided that a competent healthcare provider should have reasonably identified the symptoms and provided an accurate diagnosis. The key is whether the healthcare provider deviated from the accepted standard of care.

Will my case go to trial if I pursue a misdiagnosis claim?

Not all medical malpractice claims go to trial; many are settled through negotiations. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to court to seek appropriate compensation.