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At Fellows Hymowitz Rice, we don't just see patients who have been misdiagnosed. We see individuals whose lives have been irrevocably altered by a system that failed them.
We understand the silent suffering that often follows a misdiagnosis, the agonizing uncertainty, and the frustration of fighting for your health when the very professionals entrusted with your care have made a crucial error.
Our team of New City misdiagnosis lawyers is dedicated to giving a voice to those who have been silenced by medical negligence. We aren’t just legal representatives. We’re your trusted advocates, fighting to ensure that you receive the compensation and justice you deserve.
Misdiagnosis refers to a medical error involving a medical professional's incorrect identification of a patient's disease or medical condition.
Misdiagnosis isn't simply a doctor overlooking a symptom or getting a test result wrong. It's a breach of trust in the provider-patient relationship and a form of medical negligence that falls squarely under the category of malpractice.
The consequences of misdiagnosis are often severe. It can lead to delayed or incorrect medical treatment, allow a condition to worsen, prompt unnecessary procedures, and create emotional distress.
Medical misdiagnosis is a serious issue in the U.S. and New York in particular, with alarming statistics that highlight its prevalence and devastating consequences.
As reported by WebMD, an estimated 795,000 people in the U.S. die or suffer permanent disability each year due to misdiagnosis, underscoring the destructive consequences of these medical errors.
While the overall misdiagnosis rate is estimated at around 11%, the prevalence varies significantly depending on the condition. While heart attack misdiagnosis is relatively low at 1.5%, conditions like spinal abscesses have a staggering 62% misdiagnosis rate.
This "silent epidemic" often goes unnoticed, but the reality is that misdiagnosis can have life-altering repercussions for patients. Understanding your rights and seeking legal counsel if you believe you’ve been a victim of misdiagnosis is crucial for ensuring accountability and holding negligent medical professionals responsible for their actions.
The New York State Legislature has enacted specific laws to protect patients and hold medical professionals accountable for their actions in New City and across New York State. Here are some key points regarding New York’s malpractice laws:
This overarching legal framework provides the rules and procedures for civil litigation, including medical malpractice claims. It outlines the statute of limitations (the timeframe for filing a claim), the requirements for filing a lawsuit, and the process for discovery and trial.
The CVP ensures that patients have the right to access the court system to pursue a claim for medical negligence. It describes the process for filing a lawsuit, serving the defendant, and obtaining evidence through discovery.
This set of regulations also defines the legal standards for proving negligence and specifies procedures for defending against a medical malpractice claim.
This law governs the licensing, regulation, and discipline of medical professionals, as well as the reporting of medical errors. It also includes provisions related to informed consent and patient privacy.
The DOH has extensive regulations that govern the practice of medicine and other healthcare professions. These regulations address issues such as medical records, patient safety, and the reporting of adverse events.
Misdiagnosis, delayed treatment, or other medical negligence can permanently impact your life. Contact Fellows Hymowitz Rice to schedule a free consultation and assert your rights.
Misdiagnosis encompasses a wide range of medical errors. However, it most commonly manifests as a failure to make a diagnosis or an incorrect diagnosis.
Failure to diagnose occurs when a doctor completely misses a medical condition that should have been identified. Incorrect diagnosis involves a doctor diagnosing a patient with a condition they don’t have, leading to unnecessary and potentially harmful treatment.
Misdiagnosis can result from a variety of factors, including:
Regardless of the nature of the mistake, medical misdiagnosis is a serious failing, one that can be addressed through formal legal action.
Certain diseases are more likely to be misdiagnosed than others due to their complex nature, overlapping symptoms, or lack of readily available diagnostic tests. They include the following:
Cancer is often difficult to diagnose in its early stages, as symptoms can be vague and mimic other conditions. Some cancers particularly prone to misdiagnosis include:
Misdiagnosis of cancer can lead to delayed treatment, allowing the disease to progress and become more aggressive, ultimately impacting the patient's chance of survival and recovery.
Heart disease is an umbrella term that includes numerous conditions, the symptoms of which can vary significantly from person to person. Misdiagnosis of heart disease can lead to fatal complications, such as heart attacks or strokes, as appropriate treatment may not be administered promptly.
Recognizing the signs of a stroke is crucial for immediate medical intervention to minimize brain damage. Misdiagnosis of stroke can result in late treatment, allowing the brain to suffer permanent damage and potentially leading to long-term disability and reduced quality of life.
Infections can be challenging to diagnose, especially in cases where the symptoms are nonspecific or suggestive of other conditions. Misdiagnosis can permit the disease to spread to others, as well as cause complications for the individual, including antibiotic resistance and the development of more serious infections.
Mental health conditions are often stigmatized, and symptoms can be difficult to differentiate from other physical or emotional issues. Some of the repercussions of misdiagnosis of mental health conditions include ineffective treatment, forestalled recovery, and the degradation of the patient's mental health.
If you believe you’ve been misdiagnosed, it's vital to take swift action to protect your health and legal rights. Here are the steps you should take:
Ignoring a possible misdiagnosis could lead to dire outcomes. Therefore, you should always seek alternative medical intervention and reliable legal help if you think a healthcare practitioner has failed to provide an accurate diagnosis.
If you’ve suffered harm as a result of a misdiagnosis, you may be entitled to compensation through an insurance or medical malpractice claim.
You can file a claim with your health insurance provider for medical expenses related to the misdiagnosis.
However, while insurance can help cover some medical costs, it may not address all of your losses, such as lost wages, pain and suffering, or future medical expenses. Furthermore, insurance claims can be complex and often require detailed documentation and negotiation with insurance adjusters.
If you can prove that a medical professional's negligence caused your injuries, you may have grounds for a medical malpractice claim. This will involve pursuing a settlement with the healthcare provider or their insurance company or, if a settlement can’t be reached, filing a medical malpractice lawsuit.
A successful medical malpractice claim can provide you with:
Consult a qualified medical malpractice attorney to explore your legal options in more detail and determine the best course of action for your specific situation.
In New York State, you have a limited time to file a medical malpractice claim. The statute of limitations for most medical malpractice cases is two years and six months from the date you discovered or should have reasonably discovered the injury the misdiagnosis caused.
If your claim is successful, you may be able to recover damages for:
Your lawyer can assess the details of your case and arrive at an accurate calculation of your entitled compensation.
Depending on the circumstances, several different parties could be held liable for a misdiagnosis, including:
Medical malpractice attorneys are skilled at identifying the parties whose actions have led to a misdiagnosis. Your lawyer will ensure that your claim is directed at the right professionals or entities to address their carelessness and your resulting need for compensation.
The capable misdiagnosis lawyers at Fellows Hymowitz Rice understand the challenges you’re likely facing after a misdiagnosis and are committed to providing compassionate and aggressive legal representation. Here’s how we can help you:
We have a proud history of getting positive results for our clients, and we’re ready to leverage the full extent of our considerable knowledge and resources to help you achieve a favorable outcome.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
From New City to Manhattan and Westchester, our experienced legal team handles medical misdiagnosis cases across New York State. We're here to provide the guidance and support you need, no matter where you happen to live.
If you believe you’ve been a victim of medical misdiagnosis in New City, you need trustworthy legal assistance. Contact Fellows Hymowitz Rice today for a free consultation. Our New City misdiagnosis lawyers are here to champion your rights and help you recover fair and adequate compensation for your pain and suffering.
