Sick or wounded individuals should not have to worry about getting the appropriate treatment from their doctor.  However, doctors have been known to misdiagnose or fail to diagnose certain illnesses.  If a doctor misdiagnoses or fail to diagnose an illness, the patient can experience devastating effects.  Misdiagnosis can lead to an exacerbation of existing injuries or death.

My Doctor Has Misdiagnosed or Failed to Diagnose my Condition.  When are they Liable?

When diagnosing a patient, doctors have an obligation to follow certain protocols.  Doctors who fail to follow the accepted process of the medical community by misdiagnosing a patient can be held liable for any additional damage that occurs as a result of that misdiagnosis.  Doctors may be liable if they did any of the following and further injury or sickness occurred as a result:

  • Failure to Order the Proper Tests: Proper tests must be ordered by the physician for all the symptoms their patient is experiencing.  If the right tests for certain symptoms are not ordered and a patient becomes sicker as a result, the patient may have grounds for a lawsuit.  For example, if the doctor examines a child and sees that they have a high fever and earache and prescribes antibiotics without testing for meningitis, the doctor may be found liable if the child does have meningitis.
  • Failure of the Doctor to Check Symptoms in the Proper Order: The patient’s symptoms must be examined by the doctor in the order of their severity.  For example, if a patient goes to the doctor complaining of pain in their chest and foot, the doctor has a responsibility to determine what is wrong with the chest first (because chest pain may be a symptom of a more severe illness).  The doctor could be held liable for failure to examine the patient’s chest first and as a result the patient suffers an injury due to an issue with their heart.
  • Of the Doctor’s Misdiagnosis of an Illness or Injury: If an injury or illness result in further sickness due to a physician’s misdiagnoses, the physician may be found liable.  For example, if a doctor misdiagnoses chest pain when in fact the patient has heart disease, the doctor may be liable if the patient becomes sicker.

How Can a Misdiagnosis Attorney Help You?

Injured patients considering a lawsuit against their doctor should contact an experienced medical malpractice lawyer.  A lawyer will be able to help patients identify what went wrong and whether the victim of medical malpractice has a valid claim.  While the attorneys at Greenberg and Greenberg cannot guarantee that injured patients have a valid case, we can help patients find answers.

The Hudson failure to diagnose attorneys at Greenberg and Greenberg handle cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a FREE case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.