In this article, you will discover:
- The legal criteria for a medical misdiagnosis in New York
- When a misdiagnosis rises to the level of malpractice
- How to prove a misdiagnosis caused serious harm or injury
What Legally Qualifies As A Medical Misdiagnosis In A New York City Emergency Room?
A medical misdiagnosis is a deviation from the reasonable, competent standard of care that an ER professional would typically have provided. However, a deviation doesn’t necessarily equate to malpractice.
Doctors make mistakes; it happens. To prove a misdiagnosis, you must establish that the misdiagnosis caused injury. You must also have a significant injury for which damages can be quantified, including medical expenses, lost wages, and pain and suffering.
When Does An Emergency Room Misdiagnosis Rise To The Level Of Medical Malpractice Under New York Law?
Medical malpractice begins with a deviation from the standard of care, followed by the necessity to show causation. Specifically, you need to demonstrate that the deviation, that failure to heed your condition, led to your injury that caused significant pain and suffering, an increase in medical expenses, loss of wages, and the inability to work or do the daily activities you would have otherwise done.
Case Studies: What Types Of Emergency Room Misdiagnoses Are Most Common In New York City Hospitals?
Misdiagnosis Of Cardiac Conditions
Misdiagnosis of cardiac conditions is common. I recently resolved a case involving an obese young man in his twenties. He was in his bathroom, felt dizzy, fell, and hit his chest on the sink.
At the hospital, he explained a history of feeling dizzy, nauseated, having difficulty breathing, and chest pain. The doctors did some testing, performed an EKG, and ran some blood work that indicated his protein levels were in a place that would suggest a potential cardiac issue.
Because of other complaints my client made, the doctors went a whole different route and had him evaluated by a gastroenterologist, who recommended a cardiac consult. The doctors decided to admit him, but within hours after he presented, he went into cardiac arrest, and he died. My client never received a cardiac consult.
We argued that there was a deviation from the standard of care: the failure to have him seen by a cardiologist. A cardiologist would have ordered certain tests that would have identified the problem in the heart that ultimately led to his heart attack and death.
Attorney Brian J. Elbaum is a skilled lawyer based in New York, New York, who has helped numerous clients like you navigate the intricacies of medical malpractice law. With decades of experience, he is prepared to represent you and protect your rights if you’ve been harmed by a medical misdiagnosis that leaves you with mounting medical bills, lost wages, and pain and suffering.
Still have questions? Ready to get started? Contact the Law Offices of Brian J. Elbaum today to schedule an initial consultation.
Misdiagnosis Of Fractures
I’ve also had many cases where there was a failure to diagnose a fracture properly. For example, I had a case where a mother took her child to the hospital after he fell off a swing. He had some swelling on the patella. The doctors took X-rays, diagnosed a bruise and sent him home.
However, the child was walking on the leg, and it wasn’t getting better. Two weeks later, his mother took him to an orthopedic specialist who diagnosed a fracture in the patella, right around the growth plate area.
My client had issues relevant to the growth of that leg. There was some permanency, and there was a deviation in the standard of care.
We had the child’s patella evaluated by a qualified expert who looked at the original X-rays and determined there was a misdiagnosis.
How Can A Patient Prove That A Misdiagnosis Directly Caused Serious Harm Or Complications?
You need access to the medical records. However, before that, you should consult a competent medical malpractice attorney.
Malpractice is a highly specialized area. You want to obtain those medical records as soon as possible so an expert can evaluate them to determine whether there was a deviation from the standard of care and whether that deviation caused the injury.
What Steps Should You Take Immediately After Discovering A Possible Emergency Room Misdiagnosis In New York City?
If your discovery occurs close to the time of the alleged misdiagnosis, get a second opinion from another doctor. If, in fact, there was a misdiagnosis, consult a competent medical malpractice attorney who can advise you how to move forward.
Still Have Questions? Ready To Get Started?
For more information on misdiagnosis of malpractice in New York City, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 844 47-FIGHT today.