Buffalo Failure to Diagnose Lawyers

Misdiagnosis, Delayed Diagnosis & Failure to Diagnose Medical Conditions

In nearly all cases, a timely diagnosis is key to properly treating a medical condition. The sooner a correct diagnosis is made, the sooner the patient can begin receiving the care he or she needs to manage the condition and, if possible, heal. Unfortunately, diagnostic errors are incredibly common in the U.S., affecting tens of thousands of Americans every year.

Unfortunately, these mistakes are not only common, but they are also extremely harmful. Patients who do not receive an accurate, timely diagnosis cannot receive the prompt, proper care they need. This means their conditions not only go undiagnosed; they also go untreated. Often, this leads to significant complications and, in the worst cases, deaths.

If you believe that you or someone you love suffered because of a medical professional’s failure to diagnose a health condition, or because they did not diagnose the condition correctly or in a timely manner, reach out to our team at Faraci Lange, LLP. Our Buffalo misdiagnosis lawyers can help you understand your legal rights, including your right to seek fair compensation for your damages.

Schedule a complimentary consultation today at (888) 997-4110 or by contacting us online. 

How Common Is Misdiagnosis & Other Diagnostic Errors?

According to a report from John Hopkins Medicine, diagnostic errors—including misdiagnosis, delayed diagnosis, and failure to diagnose—accounted for the most medical malpractice claims in the U.S. over a 25-year period. In addition to significantly outpacing other types of medical malpractice lawsuits, including those involving medication mistakes and surgical errors, claims involving diagnostic errors also involved the greatest degree of patient harm and the highest payouts.

According to one of the study’s leaders, David E. Newman-Toker, M.D., Ph.D., the study revealed “more evidence that diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States.”

Overall, the study found that as many as 80,000 to 160,000 Americans suffer permanent injuries and deaths every single year due to diagnostic errors. Perhaps most tragic of all, the nature of diagnostic errors means that the vast majority of these injuries and deaths are entirely preventable.

Can You Sue for a Misdiagnosis or Failure to Diagnose?

When medical professionals fail to provide an acceptable standard of care, injured patients (and the families of patients who die) can take legal action against the liable parties. In other words, you can sue a doctor, hospital, or another health care provider for failing to provide an accurate and/or timely diagnosis if you can prove that the provider failed to act in the same way that another qualified medical provider would have or acted in a way that another qualified medical provider would not have in the same or similar circumstances.

Misdiagnosis, failure to diagnose, and delayed diagnosis lawsuits often involve errors in diagnosing the following conditions:

• Cancer
• Pneumonia
• Heart failure
• Heart attack
• Stroke
• Urinary tract infections (UTIs)
• Renal failure
• Sepsis
• Meningitis
• Blood clots
• Encephalitis

Often referred to as “the big three,” misdiagnosis and delayed diagnosis of cardiovascular events, infections, and cancers are widely considered the most common—and most deadly—diagnostic errors affecting patients in the U.S. However, any failed diagnosis or delayed diagnosis can have potentially devastating effects, from serious bodily injury to lifelong disability to fatal complications.

What Damages Can Be Sought In A Failure To Diagnose Lawsuit?

In a failure to diagnose lawsuit in Buffalo, NY, you can seek various types of damages. These include:

• Economic Damages: Paying for hospital bills, missed income, and other costs associated with the incorrect diagnosis.
• Non-Economic Damages: Making up for the loss of the enjoyment of life, mental misery, and physical pain and suffering.
• Punitive Damages: To penalize the healthcare professional for very heinous behavior, punitive damages may be granted.

To fully understand and effectively pursue these damages, it is essential to consult a Buffalo failure to diagnose lawyer. Attorneys specializing in medical malpractice are skilled at navigating legal complexities and fighting for the compensation you deserve.

Are There Specific Statutes Of Limitations For Failure To Diagnose Cases?

New York has specific statutes of limitations for cases involving a failure to diagnose. The statute of limitations is typically two years and six months (30 months) from the date of the alleged malpractice, including instances where a diagnosis was missed. Nevertheless, it's essential to consider several important exceptions and nuances.

Additionally, the statute of limitations can be prolonged if the patient is underage. Although the statute of limitations starts when the minor reaches 18, the malpractice claim must be filed within ten years from the date of the alleged malpractice.

Should you suspect you have a claim, it’s essential to contact a Buffalo failure to diagnose lawyer without delay given the complexity of these matters. Failure to diagnose attorneys can guide you through the specific deadlines relevant to your case, ensuring timely filing. They possess the expertise to handle the legal intricacies and secure the compensation you’re entitled to.

If you suspect you have a failure to diagnose case, don't delay in seeking legal advice. Prompt action is essential to protect your rights and secure the best possible outcome for your situation.

Proving Medical Malpractice in Diagnostic Error Cases

Like other types of medical malpractice claims, diagnostic error lawsuits are dependent on the issue of liability. To prove that a health care provider is liable for your injuries, the death of your loved one, and/or your other losses, you will need to establish that the provider failed to uphold the “standard of care.” This means that they failed to provide an adequate level of treatment and care that one could reasonably expect to receive from another qualified health care provider in the same or similar circumstances.

It is not enough to prove that you were not diagnosed right away or that your condition did not improve with treatment. Some conditions are extremely difficult to diagnose, and doctors may not be able to make a correct diagnosis right away. This does not necessarily constitute malpractice.

Instead, you must prove that the provider who treated you failed to take reasonable measures to properly and promptly diagnose your condition (or your loved one’s condition). Examples of this include:

• Failing to conduct or order necessary diagnostic tests
• Failing to follow basic diagnostic procedures
• Misreading lab/test results
• Failing to follow-up with a patient
• Miscommunication between providers/departments
• Omitting important information on initial differential diagnosis lists
• Failing to recognize/respond to medical emergencies
• Incorrectly administering/conducting a diagnostic test
• Medication mistakes during diagnostic testing

In addition to proving that the doctor, nurse, or health care provider who treated you acted negligently or wrongfully, you must also prove that you were injured. If you were not injured or did not suffer some type of harm, you do not have a case.

How Faraci Lange, LLP Can Help

Proving medical malpractice cases of all kinds, including those involving diagnostic errors, is incredibly challenging. But at Faraci Lange, LLP, our award-winning failure to diagnose attorneys in Buffalo have extensive experience in this nuanced area of law. We work with four, on-staff nurse consultants, as well as other medical and legal experts, to conduct exhaustive investigations and build powerful cases for our clients. Our goal is to help you navigate the legal process with as little stress as possible, as well as recover the maximum compensation you are owed.

At Faraci Lange, LLP, we strive to recover the swiftest possible settlements for our clients. However, we are not willing to settle cases for less than we truly believe our clients deserve. When necessary, our medical malpractice attorneys are fully prepared to take cases to trial in an effort to secure justice in the form of favorable jury verdicts on behalf of the injured.

To learn more about how our team can help you with your case, call (888) 997-4110 or contact us online and request a free, no-obligation consultation.