Pathologists play a crucial role in diagnosing and treating life-threatening diseases. If you have been injured and believe that it was due to a pathologist’s error, you need to seek out a skilled Rochester pathology malpractice lawyer who can analyze your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can help you understand your legal rights and come up with a legal strategy accordingly.
Pathology involves looking at tissue samples and cells in body fluids under the microscope and making a diagnosis based upon the findings. For example, it might involve examining a breast lump under the microscope at the time of surgery to figure out whether it is cancerous or not. If a pathologist misses a cancer diagnosis, the cancer can go untreated until it is too late and lead to devastating consequences for the patient. On the other hand, if a pathologist makes a cancer diagnosis when there is no cancer, the patient could go through lots of unnecessary treatment.
The Journal of the American Medical Association found that pathologists are at greater risk of malpractice lawsuits than other specialties. In addition, pathologists are far more likely to have poor outcomes when those lawsuits are litigated. Pathology mistakes can happen in a variety of ways, such as:
- Misdiagnosing or failing to diagnose cancer;
- Incorrectly reading or interpreting test results;
- Mixing up patient specimens;
- Returning the results for the wrong patient;
- Contamination of the sample;
- Recording the wrong information from a test;
- Misdiagnosing a patient;
- Failing to relay test results to the ordering doctor.
Establishing pathology malpractice can be challenging because pathologists do not provide direct patient care. In fact, patients may not even know that a pathologist is playing a role in their treatment. However, we understand how to determine whether malpractice was connected to services provided by a pathologist. To establish a malpractice claim in New York, the plaintiff must demonstrate the following: i) the pathologist owed the patient a duty of care; ii) the pathologist violated the duty of care that was owed; and iii) the pathologist’s violation was a direct and proximate cause of the patient’s harm. In short, to recover compensation, you need to demonstrate that your injury was preventable, and the pathologist violating the duty of care caused it.
Once malpractice is established, you may be able to recover a variety of damages, including medical expenses, rehabilitation costs, pain and suffering, lost wages, and any other costs stemming from the accident. Each case is different, and the exact amount of compensation you will be entitled to obtain will depend on the specifics of the case.
Pathologists perform critical work in the medical community. If you or your loved one has suffered an adverse health consequence due to a pathologist’s negligence, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Rochester pathology malpractice attorneys are dedicated to getting New York clients the justice and compensation they deserve. You can trust that we understand how to handle these complex cases. To arrange a free initial consultation, call 315-479-9000 or contact us through our website.
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