New York Failure to Diagnose Attorneys

The proper response to an illness or injury is absolutely crucial to the future health of its victim. Patients place trust in medical professionals they believe are trained to accurately diagnose and respond to medical conditions. Unfortunately, physicians and other trained medical professionals are people, too. Human error can intervene, causing misdiagnosis that leads to complications, worsening of symptoms, or even other conditions and death. The good news? Victims of failure to diagnose have legal recourse for the suffering inflicted by this failure.

It is estimated that up to 40 percent of medical malpractice cases are related to failure to diagnose. Both doctors and insurance companies can be held liable for such failures. For example, a doctor who misreads a medical test and does not provide treatment for a tumor can be held responsible if the person later dies from their misdiagnosis. Similarly, insurance companies who deny either follow-up treatment or testing/diagnosis can be held liable for failure to diagnose.

A failure to diagnose will fall under the umbrella of medical malpractice, an area of law that deals with victims who are injured instead of helped by the health care system they rely on. Medical malpractice is an extremely specific area of law. Victims can’t rely on insurance companies or even medical practitioners to provide the whole story, and follow-up examinations, intensive medical record review, and other factors must be considered before the lawsuit even enters a court room. For these reasons, it is suggested that a person who has sustained injury from a failure to diagnose seek out an experienced medical malpractice lawyer.

The right medical malpractice attorney has a thorough understanding both of medicine and the law. They have the legal staff necessary to conduct complex litigation and knowledge of local courts and judges. They shepherd the victim through the proper examinations and reviews before helping them argue their case in court. If successful, a medical malpractice victim can recover money not just for the injuries sustained, but punitive damages designed to punish irresponsible caregivers for their negligence.

Have you been injured due to failure to diagnose? Your time to file may be limited. Wingate, Russotti & Shapiro can help. Our experienced lawyers aren’t just savvy in court. They treat each and every case with compassion and skill. Think you have a failure to diagnose lawsuit? Call us today for a free consultation.

If you or a loved one has been injured as a result of a failure to diagnose an illness, the New York failure to diagnose attorneys at Wingate, Russotti & Shapiro, L.L.P., would like to meet with you. Please call our office at 212-986-7353 to set up an appointment to discuss your case.

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420 Lexington Avenue
Suite 2750
New York, NY 10170

Telephone: 212-986-7353
Fax: 212-953-4308
E-mail: wrs@wrslaw.com