Has a doctor failed to timely diagnose your condition ?
Advances in modern medicine have saved millions of lives and significantly improved the quality of others but only when a correct and timely diagnosis is made. A healthcare professional who fails to make a diagnosis puts their patients’ well-being and lives at risk. Many conditions require immediate treatment and not receiving that treatment as soon as possible can lead to a poor outcome.
Whether your doctor failed to diagnose your cancer, heart condition, stroke, or any other illness, a Brooklyn failure to diagnose lawyer could fight to recover compensation for the damages you have suffered. At Silberstein, Awad & Miklos, P.C. we fight to protect the rights of our clients and help them seek compensation for their injuries. Our team is dedicated to advocating for those harmed by medical professionals and has won several multi-million-dollar medical malpractice lawsuits on behalf of our clients.
We have over 35 years of experience helping clients seek justice. With the help of our knowledgeable medical advisors, we work to prove that a doctor was negligent, and their negligence caused damages. We are ready to listen to you and help you when others have not.
If you suffered injuries due to a medical professional’s failure to diagnose an illness, condition or disease, a dedicated medical malpractice lawyer with our firm is available to help. We could explain your legal options and seek compensation for your injuries.
Negligence and Failing to Diagnose a Condition
According to research published in the National Academy of Medicine, roughly 12 million people receive a late diagnosis or are completely misdiagnosed each year.
The failure to diagnose a medical condition typically occurs when a medical professional makes an error or negligently cares for a patient. These mistakes could be made by doctors, physicians, lab technicians, anesthesiologists and more.
There are many reasons why an error may occur including:
- Lack of or improper ordering of scans and tests
- Misreading an ultrasound, CT, MRI and other tests
- Failure to communicate with the patient and other medical professionals
- Failure to acknowledge symptoms and recognize the common signs
- Failure to discuss patient medical history and dispositions
A seasoned attorney is experienced in investigating why the error occurred and providing evidence of the mistake in negotiations with the negligent party, or at trial.
Case Filing Requirements
To cut down on frivolous lawsuits, the State of New York requires a certificate of merit to be filed with a medical malpractice claim. As detailed in New York Civil Practice & Law Rules §3012-a, a certificate of merit needs to be filed with all medical malpractice cases. When an attorney files the certificate of merit the attorney attests:
- They have consulted with a licensed healthcare professional
- The healthcare professional reviewed the facts of the case
- After reviewing the case, the healthcare professional believes that legal action is warranted from a medical standpoint
Alternatively, the seasoned attorney can state in the certificate that they made three good-faith attempts to contact different licensed healthcare providers and were unable to obtain a consultation.
What Types of Damages Are Available in a Failure to Diagnose Case?
One factor that is considered in settlement negotiations are the damages suffered by the plaintiff. A failure to diagnose lawyer in Brooklyn could negotiate for the most compensation possible for damages including:
- Lost wages
- Current and future medical bills
- Scarring or disfigurement
- Loss of enjoyment of life
- Pain and suffering
- Mental Anguish
- Loss of consortium
Consult a Brooklyn Failure to Diagnose Attorney
Victims of medical malpractice need a competent and caring medical team to improve and help cure their ailments. They also deserve a compassionate Brooklyn failure to diagnose lawyer to hold their negligent doctor accountable. By hiring an attorney, you can focus on your health and recovery while your legal team seeks compensation for your injuries.
We are available seven days a week. Call Silberstein, Awad & Miklos, P.C. today to schedule a case consultation with our knowledgeable team.