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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
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Misdiagnosis

If you are experiencing symptoms or just don’t feel right, you may schedule an appointment with your doctor to find out what is wrong and choose a treatment to help you get better. Unfortunately, in our modern healthcare system that prioritizes efficiency and profit, patients don’t always come first. This can lead to doctors hurrying to finish your exam, and ultimately, mistakes.

If your doctor incorrectly diagnoses you, it could cause a host of problems. The prescribed treatment might simply be ineffective, or you could be subjected to invasive procedures or harsh medications that do nothing to treat your actual condition. But, while you are treating a condition that you don’t have, your physical condition may worsen.

A misdiagnosis can cost you time, energy, money, and your health. If a doctor is more focused on getting to the next patient than providing you with the proper care, then your life could be at risk — particularly if you suffer from a life-threatening condition or an illness that could be treated if diagnosed early.

Since 1987, Winkler Kurtz, LLP has advocated for victims of negligence. We firmly believe that medical professionals who commit medical malpractice should be held accountable — and that victims deserve compensation for their losses. Call us today at 631-928-8000 or contact us online to schedule an appointment with a Long Island misdiagnosis lawyer.

How a Misdiagnosis Can Cause Harm

A recent study found that each year, 12 million Americans who seek outpatient medical care are misdiagnosed. This translates to 1 out of every 20 adults seeking care. Disturbingly, researchers found that in half of these cases, the misdiagnosis had the potential to lead to severe harm.

According to this study, 6 million American patients are in danger of being seriously injured because a doctor did not take enough time to review a patient’s medical history, rushed through an exam, or overlooked symptoms. This can lead to a patient being diagnosed with an entirely different condition — and treated for the wrong thing.

When a doctor fails to diagnose your condition, not only do you receive treatment for an illness that you don’t have, you do not receive treatment for the condition that you do have. You are also paying for the improper treatment, and will be required to shell out for the correct treatment in the future.

This can be particularly devastating if you have a life-threatening condition such as cancer. If you present with coughing and shortness of breath, your doctor may diagnose you with bronchitis instead of ordering tests to rule out lung cancer. While you are being treated for bronchitis, the lung cancer could spread, making it difficult or even impossible to treat it.

A misdiagnosis is different from a missed diagnosis because you are receiving the wrong treatment. While both can cause a delay in getting the proper care, a misdiagnosis often results in patients taking longer to get better because they may have suffered harm from receiving the wrong treatment.

New York Medical Malpractice Law

In New York, medical malpractice cases must comply with certain requirements in order to proceed. An experienced Long Island misdiagnosis lawyer can work with you to help ensure that your claim is properly filed.

First, New York sets a 2.5-year statute of limitations for medical malpractice claims. This means that patients have 30 months from the date of an injury to file a lawsuit against the responsible party.

However, there are exceptions to this rule. For example, if the injury occurs because a surgeon left a foreign object in a person’s body, then the patient has one year from discovering the object to file a lawsuit. Similarly, if a person receives an incorrect diagnosis, then the clock does not start running until he or she discovers that they were misdiagnosed.

Second, New York requires attorneys to file a Certificate of Merit within 90 days filing a lawsuit. In this certificate, a Long Island misdiagnosis lawyer must state that he or she has reviewed the facts of the case and agreed that there is a reasonable basis for filing the claim, or that the attorney made “good faith” attempts to consult with 3 different physicians.

These are just two of the elements that must be considered when filing a New York medical malpractice claim for a misdiagnosis. These types of cases can be incredibly complicated, and require the skill and experience of a Long Island misdiagnosis lawyer.

Work with a Long Island Misdiagnosis Lawyer

At Winkler Kurtz, LLP, we know that a misdiagnosis can have a significant impact on your life. We have more than 75 years of combined legal experience helping victims recover compensation for their injuries. Our Long Island misdiagnosis lawyers are fierce advocates for our clients.

If your life has been affected by medical malpractice, we are here to help you through the legal process. Call us today at 631-928-8000 or contact us online to schedule a consultation.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Winkler Kurtz, LLP
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Port Jefferson Station, NY
11776

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