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New York State Medical Malpractice Laws for Misdiagnosis

Feb 4, 2016 | Failure to Diagnose

Practicing doctors in New York may be guilty of misdiagnosis every now and then. Many disease conditions such as cancer, lung disorders, tuberculosis, stroke, or acute bacterial infections are hard to diagnose because the symptoms commonly associated with these diseases may also be present in other medical conditions.

As a result, doctors at times fail to accurately diagnose the cause of symptoms, leading to misdiagnosis or delayed diagnosis. In such situations, the doctor’s medical wisdom or "standard of care" comes under the legal scanner-questioning the professional qualifications of the doctor.

Dangers of Misdiagnosis

Though misdiagnosis may not be common, but when it happens, it leaves far-reaching consequences like:

  • Delayed treatments for critical or terminal diseases
  • Wrong medications or wrong treatment procedures for conditions that do not exist
  • Wrong treatments leading to more spiraling health problems
  • Lifelong health impairments that insurance companies do not cover
  • Total avoidance of medical help by the patients in fear of the wrong treatment (they do not have any confidence in the medical community)

Thus medical misdiagnosis must be taken very seriously, and NY state law has to step in to protect hundreds of patients who may have faced misdiagnosis some time during their lives. According to The National Patient Safety Foundation, about 42% of US patients have been misdiagnosed by their medical practitioners.

New York State laws protect patients against misdiagnosis

Although New York State’s medical malpractice laws for misdiagnosis require a plaintiff to justify filing a lawsuit, and sets stringent lime limits for filing a malpractice case, the legal teams are sufficiently experienced and qualified to protect the victimized patient’s rights. The skilled attorneys analyze misdiagnosis lawsuits on a case-to-case basis, and usually make the utmost effort to ensure that a grievously damaged patient gets justice.

Filing a misdiagnosis malpractice case in New York can be difficult, and requires the close involvement of expert lawyers and medical practitioners. In order to qualify for malpractice case, the legal team has to acquire a "Certificate of Merit" with the help of the qualified medical practitioner. This procedure provides legitimacy to a plaintiff’s case and enables the attorney to file the case on behalf of the plaintiff.

Another common practice in medical malpractice case is the involvement of highly qualified defense lawyers to stand in support of the defendant medical practitioner. These defense lawyers are usually very experienced in handling malpractice claims and do their best to protect the interests of their client.

So a slight mistake on the part of the plaintiff can easily lead to the dismissal of a particular case. The plaintiff gets one chance to prove malpractice against a medical practitioner, thus the chances of winning the case should be properly weighed before filing the case.

The legal procedure to prove misdiagnosis and medical malpractice

When a victim of misdiagnosis contacts a medical malpractice attorney in New York, the attorney will usually follow these steps to file the malpractice claim:

  • Gather all evidentiary documents from the plaintiff.
  • Evaluate the merits of the case. Then involve a qualified medical practitioner to obtain a Certificate of Merit for the case.
  • File the lawsuit and associated claims at the proper courts.
  • Go through the legal motion such as opening arguments, depositions, witness testimony, and closing arguments to prove negligent medical practice and absence of standard of care.
  • Will help the client get the full claims for misdiagnosis.

In a misdiagnosis related medical malpractice case, the most experienced malpractice lawyers need to get involved. So, if you have a case, contact the best malpractice law firm in NY Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. We will not stop until you are satisfied with the outcome.

We have won many cases before and we know how to build a solid case. The first meeting is free. We are only paid when you are paid and RMFW Law will keep you informed along the way.