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A Failure to Diagnose Can Result in Devastating Injury


failure to diagnose

When a medical professional fails to properly diagnose an illness or condition, the results can be catastrophic. If you or a loved one has been affected, our attorneys at Douglas & London in New York, NY, can file a failure to diagnose lawsuit to help you receive compensation for the hardships experienced. A failure to diagnose a serious illness or disease can allow the disease or illness to progress, causing worsening symptoms that may be more difficult to treat at a later stage. This places an undue hardship on yourself and your family. This type of negligence is often difficult to prove, so it is imperative that you work with an attorney who has handled many of these cases. We have helped injured clients collect millions following injuries resulting from a failure to diagnose. Call (212) 566-7500 or send us a message through the website to schedule a free case review.

Proving Negligence 

If a doctor completely overlooks the signs and symptoms of an illness or disease, or if he or she does not make the connection between your symptoms and an illness or disease, you may have a case. Failure to diagnose is a form of medical malpractice. In a malpractice case, the patient must prove that his or her doctor acted negligently, causing some form of injury or harm, such as the progression of an illness or disease. 

We have helped injured clients collect millions following injuries resulting from a failure to diagnose.

Failure to diagnose is often difficult to prove. We must prove that your doctor either failed to consider a condition or that he or she considered the possibility but failed to perform sufficient tests. We must also prove that the progression of your condition has caused you undue hardship that could have been avoided with a proper and timely diagnosis.

Consequences of a Failure to Diagnose

When it comes to serious illnesses and diseases, a failure to diagnose is potentially fatal. In most cases, when detected early, conditions are treatable and manageable, if not curable. Unfortunately, if a condition is allowed to progress, it may advance beyond a point of reasonable treatment and management. Most cancers, for example, are treatable in the earliest stages. If cancer progresses, however, treatment may no longer be a possible or reasonable solution. 

When an accurate diagnosis is achieved late, it is likely to result in added medical expenses and other losses. Your need for medical care will increase as your condition progresses, and it is also likely to affect your quality of life. Many patients suffer a permanently decreased capacity to work.

An undiagnosed condition can cause a great deal of stress for victims and their families. Patients and their families may need psychological therapy to help cope with the eventual diagnosis and the overall stress of the situation.

Why You Need an Attorney

Because these cases—and medical malpractice cases in general—are often so difficult to prove, it is critical to work with a medical malpractice attorney. Our attorneys employ a skilled team to assist in the investigation and gather the evidence needed to prove your case. If we file your lawsuit, we will seek damages to compensate you for:

  • Any medical expenses related to obtaining a proper diagnosis and treatment associated with your undiagnosed or diagnosed condition
  • Lost wages for any time missed from work, or loss of income if your condition prevents you from returning to work
  • Emotional and physical pain and suffering related to your undiagnosed condition and delayed diagnosis
  • Reduced quality of life caused by the progression of your condition

If your loved one suffered a fatal injury due to the undiagnosed condition, we will handle it as a wrongful death suit and seek additional damages for funeral expenses and other losses.

Schedule Your Consultation

If you or a loved one has been affected by a doctor’s failure to diagnose a condition, contact our practice online or call (212) 566-7500 to schedule a free consultation. Our team is passionate about helping victims of medical negligence collect due restitution.

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"Since the inception of the firm, Douglas & London has taken the opportunity to give back to the community. It is a right, a privilege and a responsibility our firm takes very seriously. We fully understand that without community, there’s no Douglas & London."

-- The Team at Douglas & London

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