The failure to diagnose an illness for a patient occurs when a doctor fails to recognize the connection between their symptoms, test results, and medical condition. Without this connection, the proper treatment is not administered, and the true condition continues to develop which could cause additional damage.

Failing to diagnose can have disastrous consequences for a patient. Many conditions, such as cancer, rely on early diagnosis and treatment. When a doctor fails to diagnose such a condition, the chances of continuing to lead a full life diminish drastically.

At Silberstein, Awad & Miklos, P.C., we are dedicated to our clients. We use our decades of experience to help patients recover compensation for the injuries they sustained due to medical errors. Our firm has helped hundreds of victims of medical malpractice recoup millions of dollars for their damages.

We have a knowledgeable legal team who works closely with medical experts ready to listen to you and investigate the harms done. We work tirelessly in pursuit of justice from the responsible party.

If you have experienced pain and damages due to a medical professional’s failure to diagnose a medical condition, a seasoned malpractice attorney is here to help. By showing a jury that your doctor failed to follow the proper standards of care, you could receive compensation for your damages. Let a Queens failure to diagnose lawyer help you hold the responsible party accountable for their actions.

The Impact of a Failed Diagnosis

When a doctor fails to diagnose a patient’s illness the consequences could be dire. Failing to diagnose means that person may not receive proper treatment, which in turn could cause their health to worsen. Other effects include:

  • Delayed recovery
  • Administration of the wrong type of medication or treatment
  • Unnecessary surgical procedures
  • Unnecessary drug intake
  • Worsened illness or condition
  • Development of new condition or illness
  • Infection
  • Lost wages
  • Death

According to a Johns Hopkins Research Study, more than 12 million people are affected each year due to medical and diagnostic errors. If you are unsure if a doctor’s standard of care qualifies as malpractice, contact a dedicated lawyer at Silberstein, Awad & Miklos, P.C. to discuss your case.

How Comparative Fault and Patient Liability Could Affect Your Case

In some cases, malpractice does not lie on just one individual. The liability can fall on multiple parties, such as a laboratory, a pathologist, and a primary care physician. Other times, liability may involve the patient who was harmed.

The state of New York uses the legal concept of comparative fault as found in New York Civil Practice Law & Rules §1411 to determine liability. If the courts determine that the plaintiff contributed to their injuries, the plaintiff would be liable for their percentage of damage. For example, if the jury determines that the plaintiff is 40 percent liable for their injuries, the amount of compensation they can recover would be reduced by 40 percent. A plaintiff might be found liable if they did not follow their doctor’s medical advice or failed to provide the doctor with complete details about their symptoms.

Since New York still allows plaintiffs to recover compensation when they are partially liable for damages, it is important for individuals to discuss their situation with a skilled lawyer in Queens. Speaking to a Queens failure to diagnose attorney could help mitigate any problems that might arise.

Reaching Settlement Agreements

Many malpractice cases settle before reaching the trial stage. Settlements can be reached between the defendant’s lawyer and the plaintiff’s attorney at any point in the legal process before the jury renders a verdict. Some individuals may even reach a settlement agreement before the filing of the lawsuit.

Our experienced attorneys advise individuals on the factors to consider and the compensation that might be available given their circumstances. We help people understand the advantages and disadvantages to settling their case, and explain the legal options available to each person.

Contact Experienced Failure to Diagnose Attorneys in Queens

Misinterpreting test results, ordering the wrong tests, failing to recognize symptoms, and failing to discuss medical history or personal habits can all contribute to a doctor failing to diagnose a condition or a disease.

Our seasoned Queens failure to diagnose lawyers can help you hold doctors and other medical professionals responsible for your injuries and damages. Our legal team and medical experts can investigate and testify to the validity of a claim in pursuit of compensation.

The compassionate attorneys at Silberstein, Awad & Miklos, P.C. help victims of medical malpractice when others have not. We stand by our clients’ side and are available seven days a week by phone, email, and in person. Call today to learn more about how we could help you.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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