(845) 303-1000The first step to treating a medical problem correctly is getting an accurate diagnosis. If you or a loved one suffered medical complications because your doctor gave you the wrong diagnosis, you may be able to file a medical malpractice lawsuit. This can hold the doctor accountable and help you pay any medical bills you incurred because of the error. A Troy misdiagnosis lawyer could help you decide whether this is a good option. Your experienced failure to diagnose attorney could help you navigate the process to get the best possible outcome.
When Is a Misdiagnosis Considered Medical Malpractice?
To establish medical malpractice, a healthcare provider must have failed to meet the standard of care that another similarly trained provider would have delivered. Additionally, the error must result in harm or worsen the patient’s condition. For example, if a doctor misidentifies skin cancer as a benign mole and the cancer spreads, the patient may have grounds for a malpractice claim. However, if a doctor misdiagnoses one bacterial infection for another but prescribes an effective antibiotic for both, there is no claim because no harm occurred. Likewise, if a patient has a rare condition that presents with symptoms common to a more typical illness, and a general practitioner makes a reasonable diagnosis based on those symptoms, a malpractice claim is unlikely. A Troy misdiagnosis attorney could assess whether the provider’s mistake meets the legal definition of malpractice and help determine your options for recovery.
How Can a Lawyer Help With Your Malpractice Case?
Medical malpractice misdiagnosis cases are complex, making it essential to work with an experienced lawyer in Troy. A qualified attorney ensures the plaintiff meets all procedural requirements. For example, under New York Civil Practice Law & Rules Section 3012-A, the lawsuit must include a certificate of merit confirming that a medical expert supports the claim. A lawyer will know how to identify a suitable expert and file the certificate on time. Building a case involves gathering, organizing, and presenting detailed medical evidence. To succeed, the attorney must prove that the diagnostic error fell below the standard of care and directly caused harm. This process includes reviewing the patient’s records and crafting a strong legal argument. Like most injury claims, medical malpractice cases often settle before trial. A talented lawyer can negotiate effectively and advise the client on whether a proposed settlement is fair or if continuing to trial is the better option.
Discuss Your Misdiagnosis Case With a Troy Medical Malpractice Lawyer
If you or a loved one suffered complications because of an inaccurate diagnosis, you may be able to file a lawsuit. A Troy misdiagnosis lawyer could review your records and determine whether you have a strong case. If you do, our team will guide you through to process to help you hold your doctor responsible for their actions and get the compensation you deserve. The New York Injury and Malpractice Law Firm is ready to help you. Contact us to schedule a free consultation today.