.webp)
When your doctor fails to correctly identify your condition, the consequences can be devastating. At Fellows Hymowitz Rice, our exceptional attorneys fight for Rockland County residents whose lives have been turned upside down by medical misdiagnosis, delayed diagnosis, and failure to diagnose critical conditions.
Our team has secured millions in compensation for families harmed by diagnostic errors at hospitals and medical facilities throughout Rockland County, Westchester, and the greater New York area. With over 100 years of combined experience, we understand the medical and legal complexities involved in these cases and know how to hold healthcare providers accountable.
Cancer misdiagnosis represents one of the most serious diagnostic failures, with devastating consequences when early detection could have saved lives. We handle cases involving:
Heart attacks in women, younger patients, and those with atypical symptoms are frequently misdiagnosed as anxiety, heartburn, or muscle strain. Emergency room doctors may fail to recognize the signs of myocardial infarction, leading to permanent heart damage or death.
Time is brain when it comes to stroke treatment. When emergency room physicians miss the signs of stroke and attribute symptoms to migraines, vertigo, or other conditions, patients lose the critical window for life-saving interventions like clot-busting medications.
Serious infections like sepsis, meningitis, or pneumonia require immediate treatment. When these conditions are misdiagnosed as viral infections or less serious illnesses, delays in antibiotic treatment can result in organ failure, brain damage, or death.
Emergency departments see a wide range of critical conditions, making accurate diagnosis crucial. Common ER misdiagnosis cases include:
If you believe you or a loved one has been harmed by medical misdiagnosis, don't wait to seek legal guidance. Contact Fellows Hymowitz Rice for a free consultation with our experienced Rockland County misdiagnosis attorneys.
Understanding why diagnostic errors occur helps us build stronger cases for our clients and identify responsible parties.
Healthcare providers face increasing pressure to see more patients in less time. This rushed environment can lead to incomplete examinations, failure to order necessary tests, or premature conclusions about patient symptoms.
Poor communication between healthcare teams, failure to follow up on test results, and inadequate patient handoffs during shift changes can all contribute to diagnostic errors.
Doctors may fall into thinking patterns that prevent accurate diagnosis, such as anchoring bias (fixating on the first impression) or availability bias (diagnosing common conditions while missing rare but serious ones).
Faulty medical equipment, computer system errors, or failure to properly maintain diagnostic tools can lead to inaccurate test results and subsequent misdiagnosis.
Some healthcare providers may skip necessary diagnostic tests to save time or money, or they may order the wrong tests for a patient's symptoms.
Medical misdiagnosis creates a cascade of harm that extends far beyond the initial error:
Winning a misdiagnosis case requires demonstrating that a healthcare provider's diagnostic failure fell below the accepted standard of care. Our attorneys work with expert medical examiners to build compelling cases by establishing:
We show what a competent healthcare provider would have done in the same situation, including what symptoms should have prompted further investigation and what diagnostic tests should have been ordered.
We demonstrate how the defendant's actions fell short of accepted medical practice, whether through failed observation of symptoms, misinterpretation of test results, or failure to order appropriate diagnostic procedures.
We establish the direct link between the diagnostic error and our client's harm, showing how a timely and accurate diagnosis would have led to better outcomes.
We document the full extent of harm caused by the misdiagnosis, including medical expenses, lost income, pain and suffering, and long-term care needs.
Our clients have recovered substantial compensation for diagnostic errors, including:
Multiple parties may share responsibility for diagnostic errors:
Primary care doctors, emergency room physicians, radiologists, pathologists, and other medical practitioners who fail to meet diagnostic standards can be held liable for their errors.
Healthcare facilities can be responsible for systemic issues that contribute to misdiagnosis, including inadequate staffing, poor communication protocols, or failure to ensure proper equipment maintenance.
Labs that provide inaccurate test results due to contaminated samples, equipment failures, or technician errors may share liability for subsequent diagnostic mistakes.
When X-rays, MRIs, CT scans, or other imaging studies are misread or improperly performed, the radiologists and facilities responsible can be held accountable.
New York's statute of limitations for medical malpractice cases is generally two years and six months from the date of the malpractice or the last day of continuous treatment, as well as one year from the discovery of a foreign object left in the body. However, specific rules apply to different types of cases:
For cancer misdiagnosis cases, New York's Lavern's Law extends the filing deadline to two years and six months from the discovery of the misdiagnosis, providing additional time for patients and families to pursue justice.
When misdiagnosis leads to death, surviving family members generally have two years from the date of death to file a wrongful death lawsuit.
Don't wait to seek legal advice. The sooner we can begin investigating your case, the better positioned we'll be to preserve crucial evidence and meet all legal deadlines.
Our misdiagnosis attorneys provide comprehensive support throughout the legal process:
We review all medical records, consult with medical reviewers, and identify all parties who may share responsibility for the diagnostic error.
If settlement negotiations fail, we're prepared to present your case effectively before a judge and jury.
We keep you informed throughout the process and provide guidance to help you make informed decisions about your case and your medical care.
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.
Jake is a dedicated, hardworking, and compassionate attorney with a unique perspective shaped by his experience representing both plaintiffs and defendants.
From our New City office, we serve clients throughout Rockland County and the surrounding area. We also represent clients throughout the New York metropolitan area, including Manhattan, Brooklyn, Queens, and the Bronx.
A valid case typically requires proof that the healthcare provider failed to meet accepted diagnostic standards and that this failure caused harm that could have been prevented with proper diagnosis. Our attorneys can review your medical records and circumstances to determine if you have grounds for a claim.
Misdiagnosis occurs when a healthcare provider identifies the wrong condition, while delayed diagnosis involves a significant delay in reaching the correct diagnosis. Both can form the basis for medical malpractice claims if they result in preventable harm.
If a screening test was misread and you suffered harm as a result, you may have a case even without symptoms. Many screening tests are designed to detect conditions before symptoms appear, making accurate interpretation crucial.
Medical malpractice cases can take anywhere from several months to several years, depending on the complexity of the medical issues, the number of parties involved, and whether the case settles or goes to trial.
Both hospitals and private practices can be held liable for misdiagnosis. Hospitals may face additional liability for systemic issues, inadequate staffing, or failure to properly supervise their medical staff.
New York has specific time limits for filing medical malpractice cases, but these deadlines can be complex. Contact us immediately to determine if you're still within the allowable timeframe.
Key evidence includes medical records, test results, expert medical opinions, and documentation of the harm caused by the diagnostic error. Our legal team will help gather and analyze all relevant evidence.
Most medical malpractice cases settle out of court, but we're prepared to take your case to trial if necessary to secure fair compensation for your injuries.
Medical misdiagnosis cases are complex and time-sensitive. The sooner our experienced attorneys can begin investigating your case, the stronger position we'll be in to pursue maximum compensation for you and your family.
Contact Fellows Hymowitz Rice today for a free, no-obligation consultation with our experienced Rockland County misdiagnosis attorneys. We'll review your situation, explain your legal options, and help you understand the next steps in seeking justice for the harm you've suffered.
