When seeking medical attention, most patients inherently trust professionals to accurately identify and treat their health concerns. However, in certain situations, diagnostic errors can shatter this trust, leading not only to additional health complications but emotional and financial distress as well. If you’ve been harmed by a diagnosis error of any kind, contact a Rochester diagnosis error lawyer from Lacy Katzen LLP for a free consultation.
Diagnosis Error Lawyer | Fighting for the Justice You Deserve
If you were harmed by a doctor’s diagnosis error, you need a legal team you can depend on to effectively fight for the full and fair compensation to which you are entitled. Speak with a skilled Rochester medical malpractice lawyer from our firm today.
What Are Diagnosis Errors?
Diagnosis errors encompass a broad range of mistakes made during the clinical assessment of a patient. These can include:
- Missed Diagnosis: This occurs when a physician fails to identify a medical condition that is present.
- Delayed Diagnosis: Here, a doctor eventually identifies a medical condition but only after a significant delay, which may lead to increased harm.
- Misdiagnosis: This is when a doctor incorrectly identifies a medical condition, leading the patient to undergo unnecessary treatments or miss out on crucial ones for their actual ailment.
- Failure to Recognize Complications: This happens when a physician correctly identifies a disease but fails to recognize its complications or severity.
When Do You Have a Valid Medical Malpractice Claim for a Diagnosis Error?
Not every diagnosis error necessarily equates to medical malpractice. For a valid claim in New York, you must establish the following:
- Existence of Doctor-Patient Relationship: You need to prove that there was a professional relationship with the doctor, meaning you sought the doctor’s advice, and they agreed to treat you.
- Negligence: It’s not sufficient that a doctor made an error. You must prove that the doctor acted negligently – in a way that a competent doctor, in the same specialty and under similar circumstances, wouldn’t have.
- Harm Due to Negligence: Even if the doctor was negligent, a claim is valid only if the negligence led directly to harm. This could manifest as physical pain, mental anguish, additional medical bills, or lost work and earning potential.
Filing Your Claim On Time
New York has specific laws surrounding medical malpractice claims. There’s a time frame, known as the statute of limitations, within which you must file your lawsuit. Typically, in New York, this is 2.5 years from the date of the alleged negligence. However, there are limited exceptions to this rule, making it essential to consult with a seasoned Rochester diagnosis error lawyer promptly.
Another vital aspect in New York is the “Certificate of Merit.” This mandates that your attorney confirms they’ve consulted with a medical expert, establishing that your case has merit.
Why Pursue a Diagnosis Error Claim?
Patients and families who endure the consequences of a diagnosis error often face physical, emotional, and financial repercussions. Pursuing a medical malpractice claim can:
- Provide Compensation: A successful claim can compensate for medical bills, lost wages, pain and suffering, and more.
- Hold Medical Professionals Accountable: Such claims reinforce the importance of accurate diagnoses and deter negligence.
- Raise Awareness: By spotlighting diagnostic issues, it can lead to systemic changes, ensuring others don’t face similar issues.
Contact a New York Diagnosis Error Lawyer Today
Errors in medical diagnosis, whether through oversight, neglect, or genuine error, have profound implications for patients. It’s crucial to understand your rights and the path forward in such instances. Rochester residents deserve the best medical care, and when that standard isn’t met, seeking redress becomes imperative. Contact a diagnosis error lawyer from Lacy Katzen LLP for a free initial consultation today.
