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.