Articles Posted in Failure to Diagnose

Patients rely on doctors to provide adequate care, which includes properly diagnosing any injury or illness. If a doctor fails to diagnose a medical issue in a timely manner it can result in significant harm or even death and may be grounds for a medical malpractice action. In weighing whether you have sufficiently proven your treating physician’s failure to diagnose constitutes malpractice the court will assess the evidence produced by you and your physician. If the court negligently overlooks evidence of malpractice, such as an expert affidavit, it can result in an improper dismissal of your claim, as illustrated in a recent case decided by a New York appellate court.  If you or a loved one suffered harm due to a doctor’s failure to provide an accurate diagnosis, you should meet with a seasoned Rochester medical malpractice lawyer regarding the facts of your case and what you need to prove to recover damages.

Facts Regarding the Plaintiff’s Treatment

Reportedly, the plaintiff’s decedent underwent a gastric bypass, after which she treated with the defendant gastroenterologist at the defendant gastroenterology practice. She died shortly thereafter from a gastrointestinal hemorrhage. The plaintiff then filed a malpractice lawsuit against the defendant, alleging that the defendant failed to properly diagnose and treat the decedent with an anastomotic leak, resulting in her death. Following discovery, the defendants moved for summary judgment, which the court granted as to the defendant practice. The plaintiff filed a motion for reargument which the court granted. Upon reargument, the court vacated the order granting summary judgment, after which the defendant appealed.

Conflicting Expert Reports

Under New York law, whether to grant a motion for reargument is within the discretion of the court that decided the original motion. A court may choose to grant reargument where a party produces evidence the court overlooked or misunderstood pertinent facts and mistakenly decided the prior ruling. In the subject case, the court found that the trial court properly chose to grant reargument due to the fact it had previously overlooked an expert affidavit that the plaintiff submitted in support of his opposition to the motion for summary judgment, and therefore, incorrectly ruled the plaintiff failed to raise an issue of fact.

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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.