Seeking professional medical information and guidance from a physician regarding an injury or illness can be very stressful. Worrying about all the possible outcomes can be an unsettling thought that lingers in a patient’s mind. One alarming concern that many patients may not consider, however, is the possibility of a diagnostic error. Errors made by healthcare providers can result in treatment not being administered in a timely manner. Those who suffer harm because of the inattentiveness, neglect, or oversight of a healthcare provider may be entitled to seek compensation for the injuries and damages they have experienced.
Diagnostic Error Categories
Errors in diagnosis are one of the leading causes of patient harm today. While this type of negligence may seem straightforward, diagnostic errors can be broken down into a few different categories:
- A misdiagnosis (wrong diagnosis) occurs when a patient receives the wrong information from a doctor. An example of this could be a client who is informed that he or she has an ankle sprain when it is actually broken.
- A delayed diagnosis occurs when an illness should have been discovered and communicated to the patient at an earlier occasion. These types of errors can be more difficult to prove, since there is not always a “correct time frame” to make an analysis. Cancer is an example of a disease that often gets a delayed diagnosis.
- A missed diagnosis is the result of a patient not receiving any diagnosis for a condition or disease. This situation could result in improper treatment for a condition or a lack of treatment altogether.
Requirements to Prove a Diagnostic Error
In cases involving diagnostic errors, the injured party has the burden of proving that negligence occurred and that it caused their injuries. These cases can be very complex due to the detailed medical issues involved. The following elements generally must be established to pursue a negligence claim:
- A professional relationship must have existed between the patient and the physician.
- A lawsuit must be filed within the designated time frame. In most cases, New York offers a statute of limitations of 30 months from the time of injury.
- The patient must demonstrate that the doctor acted carelessly, which resulted in a diagnostic error.
- The patient must show that the diagnostic error resulted in an injury.
Contact a Brooklyn, NY Personal Injury Lawyer
Preventable oversights happen every day in healthcare, and these errors can mean the difference between life and death for a patient. If you or a family member has suffered harm because of a diagnostic error, Goldberg Sager & Associates can help you determine your options for pursuing compensation for your injuries. For more than 25 years, we have represented clients in personal injury matters involving negligence, and we are dedicated to helping injured individuals pursue the compensation they deserve. For a consultation, contact our experienced attorneys today at 718-645-6677.
Sources:
https://www.improvediagnosis.org/what-is-diagnostic-error/
https://www.verywellhealth.com/how-common-is-misdiagnosis-or-missed-diagnosis-2615481
https://www.nyacep.org/practice-resources-2/resources/professional-development-resources/medical-malpractice-laws
