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Bronx Personal Injury & Real Estate Blog

Friday, April 20, 2018

Dropping the Ball on Diagnosis is Basis for Medical Malpractice Suit

Q: Can I sue a doctor for his failure to diagnose a medical condition?

When many people think about medical malpractice in New York, they often think of a botched medical procedure that harms a patient. While that may often be the case, medical malpractice can also result from many other situations including but not limited to misdiagnosis of various serious medical conditions, experimental drugs, cosmetic surgery procedures, birth injuries, medical device injuries, and negligence on the part of a hospital, surgeon, or other healthcare worker, to name a few.

The standard that is applied when determining whether medical malpractice was committed is whether there was an injury that resulted from medical treatment that deviated from accepted standards of practice. So, there needs to be a deviation from accepted standards of practice and an injury that resulted as a result of that deviation.

Medical malpractice is a subsection of personal injury law and requires proving that harm resulted as a result of the negligent, reckless, or intentional actions-- or inactions-- of a person or entity, such as a hospital. Once liability is established, compensatory damages may be recoverable by victim.

Compensatory damages often include the victim’s current and future medical and rehabilitative expenses, current lost income and future lost income or diminished earning capacity, physical and psychological injuries-- and sometimes even punitive damages are awarded in particularly egregious cases.

Recently, a young and very successful Broadway musician commenced a medical malpractice action against her former doctor and hospital alleging they negligently "ignored her MRI results for months". Reportedly unable to get an answer from the defendants (her doctor was moving to a new hospital), the woman finally succeeded in obtaining her test results herself – – indicating a diagnosis of multiple sclerosis. She claims she unsuspectingly read the results moments before taking the stage. She allegedly suffered a panic attack during a live show which she claims caused employers to doubt her abilities and led to her taking a leave of absence and ultimately the loss of her job and health benefits.

She reportedly immediately began treatment with another doctor, but during the alleged five-month delay before she learned of her of the MS diagnosis (during which time there was no treatment), she reportedly developed seven new lesions on her brain. In the months since learning of her diagnosis and beginning drug treatment, she alleges only one new lesion has developed.

The medical malpractice suit, which also seeks punitive damages, claims the “alleged negligence needlessly delayed critical care, exacerbated her condition and wreaked havoc on her career”.

If you or a loved one has been the victim of medical malpractice as a result of something a doctor or other medical worker or institution did-- or failed to do-- the Goldstein Law Firm can help maximize the financial compensation to which you may be entitled. We can’t turn the clock back and prevent the malpractice, but we can take action to help offset the financial burden it has caused so you can focus on healing. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injury victims throughout New York City, New York State, and those injured while visiting New York.


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