Articles Posted in Failure to Diagnose

In cases where the issues presented are a beyond the scope of understanding of the average person, one or both parties will introduce experts to offer opinions on disputed facts and theories of liability. For example, the vast majority of medical malpractice cases require one or more experts to opine that the medical provider in question breached the standard of care and the breach resulted in the subsequent harm.

Recently, in a case applying New York law, the District Court for the Northern District of New York held that the expert report provided by the plaintiff in a medical malpractice case was sufficient to allow the case to proceed, despite the defendants’ arguments to the contrary. If you or a loved one suffered harm due to inadequate care or a missed diagnosis, it is in your best interest to meet with an experienced Rochester medical malpractice attorney to assist you in your pursuit of damages from the negligent providers.

Facts Surrounding the Patient’s Care and Subsequent Death

Reportedly, the patient complained of chest pains and lost consciousness, after which he was transported to the defendant hospital’s emergency department. The defendant doctor, who worked in the emergency department, examined the patient physically, monitored his vital signs and ordered various tests. The defendant doctor ultimately diagnosed the patient with vasovagal syncope, dehydration, reactive airway disease and wheezing. He prescribed the patient medication and saline and discharged the patient. Additionally, the defendant doctor referred the patient to a clinic for a follow-up appointment where he would be re-evaluated and directed him to go to the follow-up appointment two to four days.

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Endometriosis should be promptly diagnosed and treated in order to prevent long-term harm. If you or a loved one suffered an injury or a worsening of condition due to a misdiagnosis of endometriosis, you may have the right to recover payment for your harm. Our trusted Rochester medical misdiagnosis attorneys will review the specifics surrounding your injury to see if you have a valid malpractice claim.

Endometriosis

Endometriosis is a gynecological disease where the normal endometrial lining of the uterus travels up the fallopian tube and ends up outside the uterus, where it implants and starts to grow. The endometrial tissue can grow into the ovaries, bowel or other tissue that lines the female pelvis. Put another way, endometriosis is a disorder in which tissue that typically lines the inside of the uterus grows outside of the uterus. According to the Mayo Clinic, endometriosis affects more than 200,000 women every year.

Failing to Diagnose Endometriosis

The condition is extremely painful for women and often gets misdiagnosed in women as menstrual pain and cramping. While the symptoms are similar, they happen on a more intense scale. The cramps, bleeding and pelvic pain is far more severe than menstrual pain. While people may consider endometriosis a minor condition, the reality is it can have devastating and long-term consequences for a woman’s health if it is not diagnosed and treated in a timely manner.

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Approximately 2 million people every year suffer from a concussion across the United States. If not properly diagnosed or treated, a concussion can leave a person with permanent brain damage. If this has happened to you or someone you love, you need to reach out to a diligent Rochester misdiagnosis attorney who can be helpful to securing compensation. With extensive experience, we understand how to guide you through complex medical malpractice claims while protecting your rights every step of the way.

Defining a Concussion

A concussion is a mild traumatic brain injury that results in a loss of consciousness and a bruised brain. It typically occurs after a blow to the head but can also happen from having one’s head being violently shaken. Concussions are quite common and they can vary in severity ranging from mild to catastrophic. The symptoms of a concussion may not be immediately apparent but they can include headaches, difficulty concentrating, and impairment of memory, judgment, balance and/or coordination. Sadly, medical professionals sometimes misdiagnose a concussion by assuming it is less serious than it really is or by missing it altogether.

Misdiagnosis or Failure to Diagnose a Concussion

Doctors have an obligation to conduct tests to confirm if a patient is, in fact, suffering from a concussion. If it is discovered that a concussion did occur, the doctor should begin treatment immediately to limit the potential damage. Failure to treat a concussion promptly could lead to long-term cognitive, physical and emotional damage.

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Herniated discs are serious injuries that can significantly alter a person’s quality of life. If you believe that you or a loved one suffered an injury due a medical professional’s negligence in diagnosing or treating a herniated disc, you can potentially make a financial recovery for your injury. Our hard-working Rochester medical malpractice attorneys will work with the necessary medical experts to uncover the true cause of your injury and provide you with a realistic assessment of your claim.

What is a Herniated Disc?

The spine is comprised of a series of connected bones known as vertebrae. A disc consists of an outside layer and gel-like middle that separates part of the vertebrae from one another, acting like a cushion of sorts. A herniated disc, also sometimes known as a slipped disc or a ruptured disc, takes place when the outside layer tears and the gel-like middle trickles into the spinal canal. This can lead to compression of the nerves or spinal cord, causing pain, numbness tingling or weakness in one or more extremities.

Broken bones can be highly complex injuries requiring timely diagnosis and treatment. If you or a loved one suffered an injury due to a medical professional’s failure to properly diagnose a neck fracture, you may be entitled to compensation for your harm. While no amount of money can undo the damage, the compensation can help cover the cost of treating your condition and help you pay the bills as you get better. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys have handled cases involving neck fractures and understand how to navigate these complex claims.

A missed diagnosis or a wrong diagnosis of a neck fracture can lead to mobility and pain issues for a patient. In addition, failure to diagnose, the neck fracture can lead to further injury, which may require even more expensive and time-consuming treatment. Because the stakes are so high, whenever a neck fracture is a possibility, doctors have a responsibility to investigate the matter diligently using whatever tools are at their disposal, such as X-rays, MRIs and CT scans. In addition, the doctor should perform a physical examination as well as a neurological assessment of reflexes and motor function. Unfortunately, far too many doctors do not handle these cases with the care that they deserve and the patient ends up suffering. Sometimes doctors fail to order appropriate tests or stabilize the spine when it is needed. In other cases, doctors misread or misinterpret the test results, leading to a diagnostic error.

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A missed or delayed diagnosis of a heart attack can lead to serious complications, and even death. If you or a loved one has suffered adverse health consequences due to a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys have extensive experience in this area of law and can help you understand your rights. Time is of the essence in these cases, so it is vital to contact an attorney as soon as you suspect malpractice.A heart attack takes place when the blood supply to part of the heart muscle itself is severely reduced or stopped. According to the Centers for Disease Control and Prevention, an individual dies from a heart attack every 40 seconds in the United States. Approximately 20 percent of cardiac incidents are categorized as “silent,” meaning the victim does not even know the heart attack took place, although the body is dealing with the detrimental effects. In addition, about 1.5 million heart attacks take place in the country each year, and studies show that about 11,000 cases are not diagnosed properly, resulting in unnecessary deaths.

Doctors and other medical professionals are trained to recognize the signs of a heart attack. A failure to diagnose a heart attack often involves a failure to properly identify the symptoms or a failure to order tests when those symptoms are present. Many people who experience chest pain or other classic indicators of a heart attack often seek help in the nearest emergency room. Emergency rooms see a high volume of patients in stressful environments, which can often lead to errors, especially when patients are exhibiting atypical symptoms of a heart attack. A delayed or missed diagnosis of a heart attack can lead to serious brain damage, severe physical impairments, and even death.

If a medical professional failed to diagnose a heart attack, the victim can potentially file a medical malpractice claim against the at-fault party. Medical malpractice takes place when there is an act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice in the medical community, thereby causing an injury to the patient. In order to establish malpractice, the plaintiff is required to demonstrate the following elements:  i) the medical professional owed the patient a duty of care; ii) the medical professional breached the duty of care owed to the plaintiff by failing to diagnose a heart attack; and iii) the medical professional’s breach was a direct cause of the patient’s harm.