When facing a health crisis, the last thing you should be worried about is whether you can trust your doctor. Yet, misdiagnosis is a harsh reality for many thousands of patients in New York City.

An inaccurate diagnosis can lead to prolonged illness and pain. Some people develop disabilities from worsened conditions, and others do not survive the costly mistake. Our team at Friedman, Levy, Goldfarb, Green and Bagley has seen the immense toll this takes on patients and their families.

We understand the heavy impact of a wrong diagnosis and are eager to make it right. When you contact our team for help, you can rest assured that our New York misdiagnosis attorney will do everything possible to assist you.

Understanding Medical Misdiagnosis

Misdiagnosis is when a medical professional inaccurately identifies a patient’s illness or fails to diagnose a serious condition promptly. This can include the following examples:

  1. Incorrect diagnosis
  2. Delayed diagnosis
  3. Failure to diagnose a related disease

Unfortunately, this type of medical error is not uncommon in the US. A 2020 study found that some diseases have misdiagnosis rates as low as 1.2% while others carry rates as high as 62.1%. The condition identified as most commonly misdiagnosed was spinal abscess.
Some people might argue that medical errors are unavoidable in healthcare. However, studies show that the rates are significantly higher in the US than in other developed countries, like Australia, Germany, and Canada.
Thankfully, there are provisions to hold healthcare professionals and facilities accountable. Our New York medical misdiagnosis lawyer can help.

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The Importance of Hiring an Experienced Misdiagnosis Attorney

Few things in life are more important than your health. Without it, your quality of life could significantly decrease. On top of that, it’s common for dependents to lose the income they relied on to survive.

Healthcare facilities and medical professionals have the resources to hire law firms to protect them, which means that you need an attorney to help you level the playing field and protect your rights.

Our misdiagnosis attorney can also handle the complex aspects of medical malpractice so that you can focus on your physical recovery and emotional/metnal health. Moving on from these incidents takes time, especially when they lead to chronic pain, disabilities, or death. We offer compassion during this difficult time and work hard to secure the justice your case deserves.

Medical Malpractice Cases in New York

New York treats medical malpractice cases as serious offenses. Nevertheless, your attorney must prove the case meets these basic requirements:

  1. The healthcare professional or facility owed you a duty of care.
  2. The healthcare professional or facility breached that duty of care.
  3. Breaching the duty of care resulted in your injuries.
  4. The injuries resulted in damages.

Statute of Limitations

You must also report your case within the statute of limitations. Most personal injury cases in New York have a three-year requirement, but medical malpractice is the exception. The New York City Bar explains that victims have only two years and six months (known as the 30-month rule) to file a lawsuit.

However, there are some exceptions to this as well, with most being even shorter:

  1. One year for patients who discover foreign objects left inside them after a medical procedure.
  2. Two years for patients who experience cancer misdiagnosis.
  3. Two years for wrongful death cases.
  4. Two years and six months from the time insanity is cured (instead of diagnosed).
  5. Ten years for juvenile patients and their guardians who wish to file a claim.

Medical Malpractice Injuries

People seek medical care for various health conditions, so adverse incidents caused by subpar treatment are just as diverse. Here are some common examples:

  1. Infections
  2. Cerebral palsy
  3. Nerve damage
  4. Severe allergic reactions
  5. Brain damage
  6. Loss of motor skills

What Compensation is Available?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more if you have suffered due to a misdiagnosis. Here are the three categories you may receive damages for:

  1. General Damages — pain and suffering, emotional distress, and any other psychological suffering related to medical negligence.
  2. Special Damages – frequent hospitalizations, lost income from extended time off work, and any other out of pocket losses you’ve incurred or will incur in the future as a result of the malpractice incident.
  3. Punitive Damages – a rare case, this category covers medical professionals whose negligent behavior was malicious, intentional, or particularly egregious.

Talk with an experienced personal injury attorney for a free consultation!

Why Choose Friedman, Levy, Goldfarb, Green and Bagley

At Friedman Levy, we understand that a misdiagnosis can completely change your life. Patients we work with often experience depression as they try to come to terms with what happened and why. There is also an intense distrust for professionals. After all, if the doctor is wrong, can you trust anyone else?

That’s why we let our results speak on our behalf. Past results do not guarantee future success, but they do give you an idea of our capabilities:

  1. $20 million jury verdict for undetected colon damage
  2. $6 million settlement for a medical malpractice case that ended in wrongful death
  3. $3.5 million for a dental malpractice case
  4. $3.3 million for brain damage caused by hospital staff
  5. $2.7 million for the death of a young wife after childbirth

    Our dedicated team of misdiagnosis attorneys has extensive experience handling these and other complex cases. We work tirelessly to investigate, gather evidence, consult with medical experts, and build a compelling case. Schedule your consultation today with Friedman Levy and begin your journey toward justice.