New York Misdiagnosis Attorney
When you notice something amiss with your physical health and seek out an experienced doctor’s care, you count on your doctor to accurately identify what’s going wrong and suggest the correct course of treatment. After all, doctors have a duty to stay informed of the latest medical research, keeping up-to-date on new methods for identifying and treating serious diseases. When your doctor offers the incorrect diagnosis for your health issue, and you rely on that diagnosis, you could waste valuable time treating the wrong condition. Sadly, misdiagnosis can even cost patients their lives. Patients who receive a wrong diagnosis may have a claim for money damages against the doctor who provided the mistaken diagnosis. That said, these claims can be challenging to prove, requiring evidence of best practices in the field, as well as medical evidence that the patient would have had a better outcome had the doctor provided a correct diagnosis. As a result, winning a claim of misdiagnosis before a New York court requires the help of a skilled and experienced medical malpractice attorney. The misdiagnosis attorney at Rusk, Wadlin, Heppner & Martuscello, LLP represents injured New York residents in claims against negligent medical professionals for years. Let us fight for you after a physician’s misdiagnosis caused you or a loved one to suffer unnecessarily.
Proving a claim of misdiagnosis
New York courts will require that a victim of misdiagnosis prove that:
- A doctor/patient relationship existed between the victim and defendant: The misdiagnosis victim and doctor must have been in a doctor/patient relationship when the mistaken diagnosis was provided for the doctor to be liable toward the patient. For example, if the doctor and patient were merely guests at a party, casually discussing the plaintiff’s condition, and the doctor suggested a possible (and incorrect) diagnosis on which, unbeknownst to him, the plaintiff relied, it is unlikely that the doctor would be held liable for the misdiagnosis.
- The doctor did not uphold their duty toward their patient: Doctors have a duty to follow recognized best practices when examining, testing, and diagnosing their patients. If a doctor failed to conduct a thorough differential—considering all possible conditions indicated by a patient’s symptoms and test results—or failed to conduct the testing that would have been performed by a reasonable doctor under the same or similar circumstances, then that doctor breached their duty of care and can be held liable for that breach.
- The doctor’s failure to uphold their duty caused an injury to the plaintiff: Patients who have suffered from a misdiagnosis sometimes have difficulty proving that, had the correct diagnosis been provided sooner, they would have had a better health outcome. It requires extensive factual investigation and legal skill to convince a judge or jury that a patient would have suffered less or lived longer had they received the correct diagnosis of their illness in a more timely manner.
Get Help after a Doctor’s Diagnostic Error from a Skilled and Compassionate New York Misdiagnosis Attorney
The New York misdiagnosis attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP are seasoned litigators who possess both the legal and medical knowledge needed to successfully pursue a wrong diagnosis claim on your behalf. Contact our offices for a no-cost consultation on your misdiagnosis claim, in Kingston at 845-331-4100, and in Marlboro at 845-236-4411.