Unfortunately, misdiagnosis is a more common problem than you may realize. Every year, approximately 12 million adults, which is five percent of adults who seek outpatient medical care, are misdiagnosed, according to the National Academy of Medicine. If you have been injured as a result of a misdiagnosis, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester misdiagnosis attorneys can examine the facts of your case and help you understand your legal rights and options. We are committed to holding negligent medical professionals accountable for the harm that they cause.
Many malpractice lawsuits stem from a misdiagnosis or delayed diagnosis of a medical condition, disease, or injury. Misdiagnosis can take many forms, but it typically involves diagnosing a disease that a patient does not have or failing to diagnose a disease that the patient has. Delayed diagnosis occurs when the doctor does not diagnose the patient in a timely manner. An overlooked diagnosis, also sometimes known as a failure to diagnose, refers to a condition that is entirely missed. When a medical professional makes a mistake regarding a diagnosis that leads to the wrong treatment, delayed treatment, or even no treatment at all, a patient’s condition can significantly worsen.
Proving malpractice due to misdiagnosis requires the same conditions to be met as with any other New York malpractice case. First, a doctor-patient relationship must have existed at the time of the incident, which would show the existence of a duty owed to the patient by the doctor. Second, the doctor must have breached the duty owed to the patient. This means the doctor’s conduct deviated from the generally accepted standard of care. The standard of care refers to the level of care that a reasonably prudent doctor would have used in the same or similar circumstances. Lastly, the plaintiff must show that the doctor’s breach was a direct and proximate cause of the plaintiff’s injury. This means that not every case of misdiagnosis is malpractice. Instead, the patient has to suffer an injury in order to have a viable malpractice claim.