Diagnostic errors are one of the leading causes of medical malpractice claims in the United States. Misdiagnosis and failure to diagnose are severe issues in the medical profession that can have fatal consequences. A study by Johns Hopkins Medicine found that “diagnostic errors -not surgical mistakes or medication overdoses – accounted for the largest fraction of claims, the most severe patient harm, and the highest total of penalty payouts.”
Failure to diagnose cases can include a delay in diagnosis, a missed diagnosis, or a misdiagnosis. A doctor who fails to order the proper treatment or fails to investigate a patient’s symptoms further can miss vital signs that there is something wrong. It is essential that medical professionals are not only thoroughly trained but that they are also well-rested.
Physicians who work long hours without adequate time off may be more inclined to make the wrong call, particularly in highly stressful environments like the Emergency Room. You should never have to pay for someone else’s mistake. An improper or missed diagnosis can cause years of additional medical treatments, or worse yet, can prove to be fatal.
Cancer and heart attacks are two of the leading misdiagnosed conditions that can have deadly results. Failure to properly treat these conditions early may do irreparable harm. According to MDLinx, misdiagnoses occur in approximately “1 in every 20 patients every year.” Their research concludes that some of the most commonly misdiagnosed conditions include:
According to New York’s Civil Practice Law & Rules Section 214-A, a claim for medical, dental, or podiatric malpractice must be filed within two years and six months. There is an exception to the general statute of limitations based on an action for negligent failure to diagnose cancer or a malignant tumor which extends it to:
“(i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.”
If you believe that a doctor failed to diagnose a medical condition resulting in harm, you might be entitled to compensation. It is important to act as quickly as possible to get the maximum compensation available in your case.
When you’re injured in an accident, it can be hard to know where to turn. You need someone who doesn’t just know the law. You need a lawyer who will fight for you to recover the compensation that you need and deserve. For over 35 years, we have represented accident victims and their families to help them maximize their recoveries.