Doctors are expected to use their medical training, resources, and experience along with modern medical tests to diagnose their patients. When they fail to do so and a misdiagnosis occurs, the patient’s health and life could be put at extreme risk. They may receive unnecessary treatments which could hinder or worsen their illness.

The Brooklyn misdiagnosis lawyers at Silberstein, Awad & Miklos, P.C. are ready to help injured patients file a claim against the physician or medical professionals who harmed them. We work hard to help misdiagnosed patients seek compensation for their injuries. Our lawyers work in conjunction with skilled medical advisors to investigate each claim, determine the degree of evidence, and testify in court if needed as we seek justice. We are experienced in misdiagnosis cases and successfully helped a client recover $2.6 million for a missed sarcoma diagnosis which resulted in death.

Our firm has over three decades of experience fighting for injured patients when other law firms do not. We are different from the rest. We approach each case with compassion and determination. We have the knowledge and tools available to help our clients obtain compensation for their injuries. Let a qualified malpractice attorney with our firm review the evidence in your case.

Examples of Misdiagnosed Illnesses

Physicians are obligated to abide by the standard of care to identify medical conditions, illnesses, or diseases by recognizing the symptoms, ordering the right tests, and reviewing a patient’s medical history. However, according to a study published in the British Medical Journal (BMJ) , at least 1 in every 20 adults is affected by diagnostic errors in the United States. When a test is ordered incorrectly, or a physician improperly reads tests and scans, a misdiagnosis could occur.

A misdiagnosis can occur with any illness. Examples of misdiagnosed illnesses we are experienced in and ready to handle include:

  • Cancer, such as cancer of the breast, lungs, skin, or prostate
  • Stroke
  • Heart attack and other heart conditions
  • Infections

When a medical professional is negligent in their diagnosis, they could be held liable in court. If you suffer physical, emotional, or financial damages as a result of a misdiagnosis you do not have to face the future alone. Our experienced Brooklyn misdiagnosis attorneys could help hold the responsible party liable for their actions or inactions.

Negligence in a Misdiagnosis Claim

Negligence refers to the failure to act in a way that a reasonably prudent person with similar training would do under similar circumstances. It is the first requirement for a valid misdiagnosis case. If a plaintiff presented their physician with their symptoms and the doctor failed to order the appropriate tests, examine the test results, or examine the patient, they may be considered negligent.
In addition to showing that the defendant was negligent, the plaintiff must also prove that the medical professional’s negligence lead to the patient’s injuries and damages. If a patient is diagnosed with the wrong illness, they could suffer emotional duress, medical complications, as well as unnecessary treatments and expenses.

What Happens Once a Claim is Filed?

Once a claim is filed, the discovery process begins. During this time, each side researches and shares information that pertains to the case. There are three elements of discovery:

  • Written discovery
  • Production of documents
  • Depositions

Discovery usually includes the patient’s medical history and records, information from their insurance, and more.

Mediation, Settlement, or Trial

With the help of their misdiagnosis lawyer in Brooklyn, an injured patient may be able to settle their case before going to trial. Settlements can be agreed upon at any time during the case process, and sometimes they occur during mediation. Our attorneys are experienced in negotiating settlements and bringing cases to trial if the case cannot be settled prior to court.

Help from a Brooklyn Misdiagnosis Attorney

If you or a loved was injured due to a physician’s misdiagnosis, you may be eligible for compensation. The skilled attorneys at Silberstein, Awad & Miklos, P.C. could evaluate your claim and help determine the parties responsible for your injuries.

Our Brooklyn misdiagnosis lawyers are prepared to fight to help you get the compensation you deserve. Email, call, or visit our office to schedule a consultation today.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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