When Misdiagnosis or Delayed Diagnosis Becomes Medical Malpractice in New York
Holding Negligent Providers Accountable for Diagnostic Errors
Trusted and Award-Winning Representation
Accurate and timely medical diagnoses are essential for proper treatment and care.
At Deutsch Law, we understand the profound impact that misdiagnoses or delays can have on your life. We are highly experienced in cases involving a negligent failure to diagnose – which is a very common feature of malpractice.
Common Types of Diagnosis Errors
- Delayed Diagnosis: A delayed diagnosis occurs when a healthcare provider does not identify a condition promptly or “rule out” a condition that should be considered, allowing the disease to progress to a more harmful stage.
- Failure to Order Necessary Testing: A delay in diagnosis is often due to a physician failing to provide workup or necessary tests.
- Failure to Apply the Differential Diagnosis Method: A significant category of “delayed diagnosis” cases arises from a failure to apply what is known as “Differential Diagnosis rule.” This is often expressed as the need to rule out ‘potentially dangerous conditions,’ even if they are not the only potential explanation for symptoms.
- Delayed Diagnosis of Cancer: A missed or delayed diagnosis of cancer is a critical issue, as an early diagnosis is almost always better for the patient.
- Failure to Provide “Health Screening” or Preventive Care According to National Guidelines: Many serious cases of delayed diagnosis of cancer and other diseases are due to a physician (often Primary Care or Family Practice) failing to follow national guidelines for “screening” tests such as PSA testing, colonoscopy, or hepatitis testing, as part of preventive care.
Why Choose Deutsch Law for Diagnosis Error Cases?
Specialized Expertise in Diagnosis Error Law: Our team has the experience in interpreting medical records, a deep understanding of medicine and a network of world-class experts, to truly understand if a misdiagnosis was due to negligence. If so, we have the skills, experience and experts to prove it in Court.
Proven Track Record of Success: With a strong track record of success, we’ve secured favorable outcomes for the vast majority of our clients through thorough legal representation, meticulous preparation, and effective advocacy.
Compassionate and Dedicated Support: We provide compassionate support, understanding the physical and financial toll of a misdiagnosis on our clients.
Our Diagnosis Error Expertise
Comprehensive Coverage of Diagnosis Error Cases
We offer specialized expertise in handling diagnosis error cases. These cases involve medical negligence where healthcare providers fail to diagnose or misdiagnose a medical condition, leading to delayed or inappropriate treatment. Our experienced team is dedicated to holding negligent providers accountable and ensuring that those harmed by negligence obtain the fair compensation they deserve.
Delayed Diagnosis of Pulmonary Embolism
Failure to Order Necessary Tests
Failure to Follow Screening or Preventive Care Guidelines
Improper Application of Differential Diagnosis
Wrongful Death Due to Diagnostic Errors
What Our Clients Say
4.7 out of 5
“Dear Larry,
Please accept our gratitude for your herculean efforts. Because of your guidance, we can now hopefully smile when he looks at the “Man in the Mirror.” You were our general; you were our Atticus Finch.
Sincerely,
Mr. and Mrs. V”
“Dear Larry,
I have been meaning to write to you to say “Thank you,” for all the work. You believed in us right from the start. Your integrity and professionalism were truly exceptional, and very much appreciated! I wish I had been there when the jury came back. My husband called me at work and I started to cry. From what I hear, your summation was just fabulous. You should be so proud.
Sincerely,
Mrs. D.”
“I wanted to sincerely thank you for all your effort on my behalf. I honestly never imagined that I would receive such a large settlement. I am very grateful that you represented me with such professionalism, knowledge, courtesy, and of course, great negotiating skills. It’s such a comfort to know that now I can worry a little less knowing I have a nice cushion for retirement and my family.
Thanks again for everything!”
How We Help Families Dealing with Diagnosis Error Cases
Initial Consultation
We listen to your story, assess your diagnosis error, and outline your rights and legal options to help you make informed decisions.
Detailed Case Investigation
We review all relevant medical records, tests, and communications to thoroughly investigate the cause of the diagnosis error.
Expert Collaboration
Our network of top medical experts supports every aspect of your case with critical testimony.
Negotiation and Litigation
We aim for fair settlements through skilled negotiation, but are prepared to bring your case to a successful trial if needed.
Post-Settlement Support
Our commitment continues after settlement, providing ongoing post-settlement support to ensure your needs are met.
Collaborating with top medical experts—including Ivy League alumni and department heads—helps us maximize our ability to obtain success in even the most complex cases.
Financial Support for Your Legal Journey
No Upfront Fees
There is no fee unless we obtain compensation for you, thanks to our contingency-based structure.
Access to Financial Assistance
We can connect you with financial resources to help ease the burden of medical expenses, lost wages, and other costs during this challenging time.
Have you suffered from a medical misdiagnosis or delayed diagnosis in New York?
We are dedicated to helping you rebuild your life after a diagnosis error.
We can answer your questions about medical diagnosis errors
Can I sue for a diagnosis error?
Yes, you can sue for a diagnosis error if it resulted from medical negligence and produced significant harm. This includes situations where healthcare providers failed to order necessary tests or perform a logical workup. At Deutsch Law, we have deep experience in handling misdiagnosis cases and can help you understand your legal options.
What compensation does the law allow for cases of harmful misdiagnosis?
The law provides for compensation only for misdiagnosis due to negligence, i.e., “unreasonable” care. Doctors aren’t perfect, and we don’t expect them to be. But if a physician has unreasonably failed to diagnose (e.g., ignored symptoms, failed to follow indicated “screening” tests recommended by national medical associations) then patients harmed by such negligence are entitled to compensation, including:
- Pain and suffering from harms caused
- Loss of wages or diminished earnings capacity
- Medical expenses and costs of needed therapy
- Losses to spouse, from inability to help maintain the home
How do you prove a diagnosis error in New York?
To prove a diagnosis error, we need to establish that the standard of care was not met by the healthcare provider. This often involves reviewing medical records and consulting with medical specialists. Our team has extensive experience in gathering evidence and working with world-class medical experts to find the facts and build a strong case when warranted.
Can I collect damages if my family member died due to a misdiagnosis?
Yes, if a family member has died due to a negligent misdiagnosis, a case may be brought alleging “wrongful death”. Compensation can include funeral costs, loss of financial support, and suffering of the decedent. We understand the challenges you’re facing and are here to provide sophisticated and compassionate legal support to help you pursue the justice and compensation your family deserves.
How long do I have to file a misdiagnosis claim in New York?
In New York, the statute of limitations for filing a misdiagnosis claim, if due to malpractice, is generally two and a half years from the date of the medical error or from the date the error was discovered. In some delayed diagnosis of cancer cases, longer periods may apply. In any case, you have a limited window to take legal action, and you should evaluate your options as soon as practicable.
What types of diagnosis error cases do you handle?
We’ve handled cases of misdiagnosing heart attack, stroke, delayed diagnosis of breast and prostate cancer, pulmonary embolism, reactions to medications, misdiagnosing birth injuries—almost any medical condition that has been worsened by a misdiagnosis or delayed diagnosis. While some conditions recur more frequently, we have the deep understanding of medicine, research skills and network of experts, to understand and evaluate diagnosis standards in all areas of medicine.
What is the process of filing a diagnosis error lawsuit?
Filing a diagnosis error lawsuit or a failure to diagnose lawsuit involves several steps, including gathering evidence, consulting with medical experts, filing the complaint, conducting depositions and, if necessary, going to trial. If you need an experienced misdiagnosis lawyer in New York, we can guide you through each step of the lawsuit and maximize your chances for success.
Do you offer free consultations?
Yes, we offer free consultations at Deutsch Law. During this initial meeting, we will discuss the details of your case, evaluate your options, and help you understand if you have a viable legal claim. It’s an opportunity for you to ask questions and receive personalized advice without any obligation. Contact us today to schedule your free consultation.
What happens if I lose my case?
If you lose your case, you are not responsible for paying any attorney fees. At Deutsch Law, our fee structure is based on a contingency basis, meaning you only pay if we successfully recover compensation for you.
How do you communicate with clients during the diagnosis error case?
We prioritize clear and transparent communication with our clients throughout the legal process. At Deutsch Law, we keep you informed through regular updates via phone, email, virtual meetings, and in-person meetings. We are here to answer your questions, provide guidance, and ensure you understand each step of your case. Your peace of mind is important to us, and we are committed to supporting you every step of the way.