During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York.
Birth injuries are serious complications that can occur during the birthing process, potentially leading to lifelong challenges for the child. These injuries can range from minor bruising and swelling to severe, permanent disabilities, such as cerebral palsy or brachial plexus injury.
Common surgical errors include performing the wrong procedure, leaving foreign objects in the body, damaging vital organs, or causing infections. Such mistakes can lead to severe pain, disability, and even death.
Fellows Hymowitz Rice: Dedicated Misdiagnosis Lawyers in New City
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.
What Is Misdiagnosis, and How Common Is It?
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:
New York State Civil Practice Laws and Rules (CVP)
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.
Patient Rights and Physician Obligations
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.
New York State Department of Health (DOH) Regulations
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.
Need Legal Help After a Medical Malpractice Incident?
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.
Causes of Medical Misdiagnosis in New City, NY
Misdiagnosis can result from a variety of factors, including:
Lack of Experience: Less experienced doctors may be more likely to miss subtle signs or misinterpret symptoms.
Overcrowded Facilities: A high patient volume can lead to rushed diagnoses and overlooked symptoms.
Failure to Consider All Possibilities: Doctors may focus on a specific diagnosis without considering other potential causes.
Communication Errors: Miscommunication between doctors, nurses, and other medical professionals can contribute to misdiagnosis.
Limited Access to Specialists: In some cases, patients may not have access to specialists who can provide a more accurate diagnosis.
Regardless of the nature of the mistake, medical misdiagnosis is a serious failing, one that can be addressed through formal legal action.
Commonly Misdiagnosed Diseases in New City
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:
Lung cancer
Ovarian cancer
Pancreatic cancer
Melanoma
Breast cancer
Colon cancer
Leukemia
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.
What to Do After a Misdiagnosis in New City, NY
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:
Get a Second Opinion: Don't hesitate to request a second opinion from a different medical professional, as doing so can help confirm or refute the initial diagnosis.
Keep Detailed Records: Maintain meticulous records of your medical history, symptoms, treatments, and all communication with medical professionals.
Consult a New City Misdiagnosis Lawyer: An experienced attorney can help you understand your options and guide you through the legal process.
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.
Legal Options After a Medical Misdiagnosis
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:
Justice and Accountability: Filing a claim allows you to hold the responsible party accountable for their negligence and seek justice for the harm you’ve suffered.
Financial Security: Compensation from a successful claim can help cover your medical expenses and other related costs, providing financial security during a difficult time.
Prevention of Future Harm: A successful claim can serve as a deterrent, potentially preventing similar mistakes from happening to other patients.
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.
Damages You Can Recover in a Medical Misdiagnosis Claim in New City
If your claim is successful, you may be able to recover damages for:
Medical Expenses: Includes past and future costs related to the misdiagnosis and any resulting injuries and treatment.
Lost Wages: Covers any income you’ve lost due to your injuries or inability to work.
Pain and Suffering: Compensates you for the physical and emotional distress you’ve experienced due to the misdiagnosis.
Loss of Consortium: Can be awarded to your spouse or partner if the misdiagnosis has affected your relationship.
Your lawyer can assess the details of your case and arrive at an accurate calculation of your entitled compensation.
Who Can Be Held Liable for a Medical Misdiagnosis?
Depending on the circumstances, several different parties could be held liable for a misdiagnosis, including:
Doctors: The individual doctor who made the misdiagnosis could be to blame.
Hospitals: Care facilities can be legally liable if they fail to provide adequate supervision or training to their staff.
Doctors’ Offices: Physicians’ offices can be held accountable for negligence related to their staff or procedures.
Other Medical Professionals: Nurses, physician assistants, and other professionals involved in patient care could share fault for their contributions to the misdiagnosis.
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.
How Our New City Misdiagnosis Attorneys Can Help You
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:
Investigating the Incident: Our team will thoroughly examine the circumstances of your claim, gathering evidence and consulting medical experts to establish negligence.
Building a Strong Case: We’ll carefully build a compelling case that demonstrates the medical professional's failure to provide the appropriate standard of care.
Negotiating a Fair Settlement: Our attorneys will work tirelessly to negotiate a fair settlement that reflects all of your losses.
Preparing for Trial: If we can’t work out a satisfactory settlement, we’re prepared to take your case to trial to obtain justice.
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.
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.
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