Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Failure to Diagnose

New York Failure to Diagnose Lawyers

When an individual is sick or wounded, they shouldn't have to worry about getting the appropriate treatment from their doctor. Unfortunately, doctors are far from perfect, and have been known to misdiagnose or fail to diagnose certain illnesses. When a doctor misdiagnoses or fails to diagnose an illness, the effects on the patient can be devastating. A misdiagnosis can exacerbate an existing injury or sickness. In some cases the failure to diagnose an injury or illness can result in the patient's death. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have been representing victims of misdiagnoses for over 50 years. We realize the harm that can be caused by a doctor's misdiagnosis or failure to diagnose an illness. As a result, our goal is to help patients who were caused unnecessary injury get back on their feet by easing their financial burden.

Have you or someone you love suffered further illness due to a physician's failure to properly diagnose an illness? If so, you may be able to file a medical malpractice lawsuit to recoup damages. For a free, no obligation consultation call, 212.406.1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your claim to see if our medical malpractice lawyers may be able to help you.

When Can Doctors be Found Liable for a Misdiagnosis or Failure to Diagnose?

Doctors have an obligation to follow certain protocols when diagnosing a patient. When doctors fail to follow the accepted process of the medical community, and misdiagnose a patient, they can be found liable for any additional damage that occurs. Doctors can be found liable if they did any of the following and further injury or sickness occurred:

  • Failed to Order the Proper Tests: A physician must order the proper tests for all symptoms their patients experience. If a patient becomes sicker because the physician didn't order the right tests for certain symptoms, they may have grounds for a lawsuit. For instance, if a doctor sees a child for a high fever and earache and prescribes basic antibiotics without testing for meningitis, he may be found liable if the child does, in fact, have meningitis.
  • The Doctor Failed to Check Symptoms in the Proper Order: Doctors must examine their patient's symptoms in order of severity. If a patient comes in complaining of pain in their chest and foot, the doctor's responsibility would be to check what is wrong with the chest first; the reason being that chest pain may be the symptom of a more severe illness. Doctors may be liable if they failed to examine the patient's chest first and they suffer an injury due to an issue with their heart.
  • The Doctor Misdiagnosed an Illness or Injury: Physicians may be found liable if they misdiagnose an injury or illness and it results in further sickness. For instance if a doctor misdiagnoses chest pain as acid indigestion, when in fact the patient has heart disease, they may be liable if the patient gets sicker.
How Can a Misdiagnosis Attorney Help You?

Injured patients who are considering a lawsuit against their doctor should seek the counsel of an experienced medical malpractice lawyer. A good lawyer can help patients identify what went wrong and whether they have a valid claim. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have an efficient process for handling potential claims for misdiagnoses and failure to diagnose. We interview the victims to find out the circumstances surrounding their sickness. Our lawyers will then perform an investigation and have top medical experts review the injured patient's medical records. While our attorneys can't guarantee that injured patients will have a valid case, we can find our patients answers.

If you or someone you love has suffered a sickness or injury that you believe may have been caused by a misdiagnosis or a doctor's failure to diagnose, you may have grounds for a lawsuit. For a free review of your legal options, call 212.406.1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your case to see how our medical malpractice attorneys may be able to assist you.

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