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New York Personal Injury Attorneys

Understanding ‘Failure to Diagnose’

April 12, 2021 in

Medical malpractice law governs different forms of negligence by healthcare providers. Here, the New York medical malpractice attorneys explain what ‘failure to diagnose’ is, and how it can lead to severe and life-changing consequences for patients.


Patients suffering symptoms or effects of medical conditions have faith and trust that their healthcare provider will perform all of the necessary tests and evaluations to make informed decisions regarding their diagnosis and treatment. However, some healthcare providers make an improper diagnosis, or fail to diagnose one altogether. This can lead patients to not get the treatment they need, undergo improper treatment, and to suffer undue physical, emotional and financial stress.


What is Failure to Diagnose?


A legal claim for failure to diagnose or misdiagnosis may be made if a healthcare provider did not perform the proper tests or evaluations to accurately determine the cause of a patient’s condition. Failure to diagnose can also be claimed if a healthcare provider provided a wrong, delayed or partial diagnosis for a condition. Common claims for misdiagnosis include:


● Inaccurately performing or interpreting diagnostic testing
● Failing to review a patient’s medical history
● Failing to ask questions about the patient’s issue
● Disregarding test results


Criteria for Failure to Diagnose or Misdiagnosis Claims


To prove that a patient’s misdiagnosis constituted negligence, a patient must be able to show that there was a doctor-patient relationship. The patient must also be prepared to show evidence – and in most cases by expert testimony – that another reasonably competent doctor, under the same circumstances and with the same information, would have made the correct diagnosis. The expert testimony will also address how the misdiagnosis caused the patient to suffer injury or harm.


The patient and their legal team hold the burden of proof in these cases, and thus must be prepared to work to identify where the negligence occurred and how it then affected the patient’s outcome.


Consult With A Team of Skilled New York Medical Negligence Attorneys


Patients have a right to the proper standard of care when seeking medical attention for their complaints or conditions, and do not deserve to endure further suffering because of the careless oversights or mistakes of the healthcare providers they trust. The medical malpractice attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C. have decades of experience representing patients in medical negligence cases, and understand the delicate and complex nature of misdiagnosis claims.


If you believe you have suffered due to misdiagnosis or failure to diagnose your medical condition, we have the skills needed to fight for you in court to prove negligence and seek just compensation for the pain and suffering you have endured. Contact the medical malpractice attorneys at Sullivan Papain Block McManus Coffinas & Cannavo so we can promptly review your case. Call (212)-732-9000 today.

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Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

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