While there are several different types of medical malpractice, one of the most common types is a medical misdiagnosis. It is not unusual for a doctor to make an incorrect diagnosis. In most cases the patient is not harmed. However, in some cases the medical error results in the patient suffering a serious, permanent injury such as a birth injury such as cerebral palsy. In order for a misdiagnosis to be the basis for a viable medical malpractice claim, the following factors must be present at the time of the medical error:
- There must have been a doctor-patient relationship,
- The healthcare professional's error must have risen to the level of negligence, and
- The patient must have suffered harm due to the medical professional's negligence.
It does not matter what type of harm was suffered as long as it was serious such as a brain injury. In the same way that a victim of a car accident may seek damages from the negligent person through a personal injury claim, the law allows victims of boat accidents to seek damages as well. If you suffered an injury such that you need a New York Injury Lawyer do not hesitate to contact an experienced Bronx Medical Misdiagnosis Injury Lawyer who will be able to guide you through the process of filing a medical malpractice lawsuit against the negligent person.Definition of Medical Misdiagnosis
When a doctor makes an error in diagnosis and as a result the patient receives incorrect treatment, delayed treatment, or no treatment, the consequence may be that the patient's condition does not improve, is made worse, or the patient dies. However, in order for a physician's diagnosis to be legally classified as a misdiagnosis that rises to the level of medical malpractice, the doctor's methodology of arriving at the diagnosis must be inconsistent with accepted medical standards. In other words, just because a doctor's diagnosis was wrong does not make that doctor necessarily guilty of malpractice, even if the patient is harmed because of the misdiagnosis. If the doctor's methodology was sound, even if the diagnosis was incorrect, the doctor may not have committed medical malpractice.
While medical misdiagnosis is the most common type of medical malpractice, it is not the only type. Other types of medical malpractice include improper treatment and failure to warn. Improper treatment involves your doctor treating you in a way that no other competent doctor would and as result you are harmed. In addition, if your doctor selects the appropriate treatment but administers in a manner that no competent doctor would, you may have a medical malpractice claim. A failure to warn claim would arise if a doctor violates his or her duty to warn you of known risks of a procedure or course of treatment. This duty is referred to as the duty of informed consent. If your doctor failed to advise you of known risks and it is likely that you would have elected not to go through with the procedure, then your doctor may be liable for medical malpractice if you were harmed by the treatment or procedure in a way that the doctor should have warned could happen.Pursuing Damages
Through a personal injury lawsuit there are a variety of types of damages that may be available to you based on the losses you suffered due to another person's negligence. For example, victims who suffer serious injuries from a medical mistake will undoubtedly face substantial medical expenses. These expenses include the fees your doctors charge, ambulance fees, emergency room fees, hospital fees, surgical fees, costs of prescriptions, costs of medical equipment, as well as fees associated with rehabilitation.
Whether you miss a few weeks or a few months of work, the negligent party is responsible for paying you the wages and other compensation that you lost. Pain and suffering is a legal term that encompasses not just physical pain, but also emotional and mental suffering such as fear, grief, worry, inconvenience and the loss of the enjoyment of life.Bronx Medical Misdiagnosis Injury Lawyer
If you or a loved one was injured due to the misdiagnosis by a healthcare professional, you should contact an experienced attorney who understands the legal issues associated with medical malpractice cases. That staff at Stephen Bilkis and Associates, PLLC has years of experience successfully representing clients in medical malpractice cases as well as other types of personal injury and wrongful death cases. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.