Doctors are expected to use their training, knowledge, diagnostic tools, and current standards of care to make the best diagnosis and medical decision possible for their patients. When a doctor fails to utilize these resources and adhere to medical standards, a misdiagnosis can occur. Misdiagnosis can be life-threatening, causing premature death, or pain and suffering.

Our team at Silberstein, Awad & Miklos, P.C. has over 30 years of experience successfully fighting for patients’ rights. We are dedicated and committed to fighting for compensation for our clients due to medical negligence. Our team successfully recovered a $30 million verdict for a client due to a missed diagnosis on a pap smear.

Our Queens misdiagnosis lawyers are here to help. We work with a team of medical professionals to communicate and verify the extent of a patient’s damages. We have the financial power to work on a contingency basis. If you experienced a misdiagnosis in Queens and are suffering because of it, a compassionate medical malpractice attorney can help you seek compensation for your injuries.

Reasons Patients are Misdiagnosed

According to a Mayo Clinic Case Study printed in the Journal of Evaluation in Clinic Practice, researchers found that more than 20 percent of patients in the study were misdiagnosed. Death, diseases, and lifelong disabilities can be the result of an improper diagnosis. There are various reasons why a misdiagnosis may occur including:

  • Ordering improper tests and scans
  • Inadequate training in analyzing and interpreting scans
  • Failure to communicate with the patient
  • Failure to discuss medical history and predispositions to illness
  • Failure to recognize signs for illness or disease
  • Failure to refer patients to another doctor or specialist
  • Failure to acknowledge and investigate recorded symptoms
  • Failure to ensure that medical equipment is working properly

A misdiagnosis can cause an individual to lose valuable time in treating their condition. A delay of treatment can cause the patient’s condition to worsen even after receiving proper treatment.

Certificate of Merit Requirement in Queens

The State of New York requires all plaintiffs in medical malpractice cases to file a certificate of merit in addition to their medical malpractice complaint as per New York Civil Practice & Law Rules § 3012-a.

If completing the requirements for the certificate of merit delays the filing of the initial complaint so that it could not be filed within the statute of limitations, the court can grant a 90-day extension as detailed in New York Civil Practice Law & Rules §214-A.

When a misdiagnosis lawyer in Queens files a certificate of merit, they attest to one of the following:

  • They reviewed the complaint and consulted with at least one licensed medical professional who believes that the misdiagnosis case is valid
  • They made good faith attempts to consult with at least three different medical professionals about the claim but were unable to do so

To ensure your claims are fully and properly backed, we use a network of skilled medical experts and specialists. At Silberstein, Awad & Miklos, P.C., our team of Queens misdiagnosis lawyers are dedicated to collecting evidence and proficient medical opinions in support of a misdiagnosis claim.

Proving Negligence in Court

The basis for most misdiagnosis cases is the legal precept of negligence. To successfully win a case, a seasoned attorney in Queens must show the jury the following:

Breach of Duty

A doctor owes their patients a standard duty of care and must adhere to the current standards in the medical practice. In a misdiagnosis case, this often means ordering and interpreting diagnostic tests and scans, and utilizing resources that are available to them. If the doctor fails to provide care within the current standard regulations, they have breached their duty.

Proximate or Direct Cause

Breach of duty alone does not necessarily validate a lawsuit. The breach or negligence must directly cause the plaintiff’s injury, known as proximate cause. This means that the accident would not have originally occurred without the defendant’s negligent actions.

Damages

Not only does the plaintiff need to suffer an injury to have a valid claim, but they must also have proof of damages from their injuries. Damages may include:

  • Pain and suffering
  • Additional medical expenses
  • Lost wages
  • Loss of consortium
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of future earnings

Our Queens Misdiagnosis Attorneys Could Help

Our experienced Queens misdiagnosis lawyers know how devastating a misdiagnosis can be to a patient and their family members. At Silberstein, Awad & Miklos, P.C., our team of attorneys crafts cases tailored to seeking justice for the wrongs patients have suffered.

Our team of medical and legal professionals have the experience, knowledge, and resources to help build a solid malpractice case. We are dedicated to helping our clients hold negligent medical physicians accountable for their actions.

Let us handle the legal aspects of your case while you focus on your health. Contact a Queens misdiagnosis attorney today.

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New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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