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The origin of medical malpractice in a misdiagnosis

The origin of medical malpractice in a misdiagnosis

Medical malpractice cases very often trace back to misdiagnosis or delayed diagnosis of the medical condition, injury, or illness by the physician. When the doctor’s diagnosis goes wrong, treatment goes wrong, leading to inappropriate medicines being administered, or no treatment or medicine being prescribed at all. These errors may cause the patient’s condition to worsen, or even die.

Doctor’s negligence

The misdiagnosis or a delay in diagnosis by the doctor by itself does not become sufficient evidence against the medical practitioner. Mistakes happen even in the hands of the most skillful and experienced medical experts. Therefore, it is critical to determine whether the physician acted competently, and evaluate what the doctor did and didn’t do while arriving at a diagnosis. It is useful here to look at the “differential diagnosis” method used by the doctor while determining the diagnosis.

Differential diagnosis

Differential diagnosis is a systematic process undertaken by doctors to identify a medical condition in the patient. The doctor conducts preliminary examination of the patient. Then the doctor lists out possible diagnoses in their order of probability. Further medical tests and lab exams help narrow down the diagnosis to a particular disease or condition. Accordingly, the doctor prescribes the appropriate course of treatment and medication for the patient.

In a case of medical malpractice due to diagnostic error, the patient will need to prove that a medical expert in a similar specialty and circumstance would not have misdiagnosed the patient’s condition or illness. Therefore, the evidence required would need to show that:

Errors in diagnostic tests

Often times it happens that a physician or doctor may fail to diagnose a condition correctly when relying on inaccurate lab test results, radiology films, and other tests. This may happen due to two reasons:

When a patient undergoes the wrong treatment or is administered inappropriate medication due to error in diagnosis, he/she may need to undergo several corrective surgeries, experience severe anxiety & stress, and incur high medical expenses or certainly higher medical costs than they should have had to deal with. Needless to add that negative side effect & reaction to the medicine that can often complicate the condition further.

If you or a loved one is suffering due to medical negligence by misdiagnosis, contact the New York City medical malpractice attorneys today to schedule a free consultation. That is right, the first consultation is free and we are not paid until you are paid.

Rosenberg, Minc, Falkoff & Wolff (RMFW) have law offices located in Astoria, Queens, New York City and two locations in Brooklyn. Call 212-344-1000 to speak with one of the best law firms in the city. Call this number if you are serious about righting this wrong and increasing the size of your bank account.

The law firm has been around the block before and knows the medical experts to use to solidify your case in court. RMFW knows how to carry out legal battle and negotiate well outside of the courtroom too.