NY Lawyers in Failure to Diagnose Cancer
It is a doctor's duty to notice signs and symptoms of common diseases and ailments,
but unfortunately, doctors often fail to diagnose an illness or diagnose a disease
too late. For instance, in the case of cancer a late diagnosis can be the difference
between life and death.
A high percentage of medical malpractice cases are failure
to diagnose cases. In fact, according to a recent study, 51.7% of Emergency Room-related malpractice claims against a hospital or emergency room physician
involved the misdiagnosis or delayed diagnosis or failure to diagnose an illness or disease resulting in the continued demise, prolonged illness or death of the patient. And 20% of ER-related
malpractice lawsuits in a study involved failure to diagnose with no diagnosis (Suing
for Medical Malpractice, Sloan et al, 1993).
If your doctor has failed to properly diagnose a serious condition you have,
you are probably still suffering as a result of it, and it may have progressed. We pay physicians to truly analyze, examine, diagnose, and give us a clean bill of health. When they fail in that duty, their insurance medical malpractice company ought rightfully pay for the damage and consequences their failure has contributed to. You would expect no less taking your car to a tire shop, and the tire shop installs a defective tire, resulting in a horrific accident. Doctors are no different, and in fact, an argument can be made that because of the professional role they play, they ought be held to a higher standard of excellence than tire shops. Know your rights legal rights.
The failure to timely or properly diagnosis is malpractice.
Various types of misdiagnosis can occur. A common cause of cancer misdiagnosis is the doctor’s failure to properly interpret test results. For instance, the radiologist may misread an x-ray film; or, the doctor may fail to understand the significance of the elevated level of tumor marker. In some rare cases, the doctor might have noticed the change of the patient’s condition but failed to timely inform the patient or provide treatment accordingly. These negligent acts performed by the healthcare workers are considered medical malpractice. Victims of New York medical malpractice are strongly advised to seek legal assistance from a qualified NY medical malpractice law firm.
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