Can You Sue for Misdiagnosis?


You may be able to sue if your doctor got your illness or condition wrong. This is known as “misdiagnosis” and is a form of negligence known as medical malpractice. Doctors in New York and throughout the country have a duty to follow the standard of care when treating patients. Unfortunately, doctors and other health professionals will sometimes fail to adhere to these standards, resulting in misdiagnosis, medication errors, surgical mistakes, and other forms of medical practice. Misdiagnosis can lead to serious health conditions – and even death. While mistakes do happen, it does not excuse negligence. When doctors are negligent, they need to be held accountable.

It’s important to note that doctor misdiagnosis on its own is not necessarily medical malpractice, and not all diagnostic errors mean that you will have a valid claim. Even highly experienced doctors make diagnostic errors. In order to have a case, the misdiagnosis must result in improper medical care, delayed treatment, or no treatment, which results in either causing or aggravating your medical condition.

When diagnostic errors occur, the life of a patient can change forever. This is particularly true for cancer patients since early diagnosis is critical to prolonging their lives. If you or a loved one were misdiagnosed by a doctor in New York, you may be suffering physically, mentally, and financially. You need an experienced New York misdiagnosis attorney to protect your interests to ended that your health condition is taken seriously and your rights are protected.

If you or someone you love has suffered due to medical malpractice, the skilled and compassionate lawyers at Finz & Finz, P.C. are ready to help. We are proud to handle medical misdiagnosis lawsuits for clients nationwide. Contact us today at (855) TOP-FIRM or by filling out the free accident case evaluation form, and an experienced misdiagnosis lawyer will review your case.

Common Types of Misdiagnosis

Some of the major types of medical misdiagnosis include:

  • False positive: The doctor may mistake the symptoms of one disease or condition for another and misdiagnose the patient. A negligent doctor may also diagnose a healthy patient with a disease or condition that they don’t actually have.
  • False negative: This type of medical misdiagnosis means that the patient has the disease or condition for which they are being tested, but a doctor’s error leads the patient to believe that they are healthy. A false negative can be especially devastating, as the patient will be sent home without receiving proper treatment.
  • Equivocal results: This occurs when a doctor refrains from making a definite diagnosis due to inconclusive test results. This may lead to unnecessary testing as the doctor seeks a final diagnosis. For example, the doctor may find that results are inconclusive for breast cancer, so the doctor may order tests and prescribe drugs that do nothing to treat the patient’s condition or illness.
  • Failure to diagnose a related disease: The doctor diagnoses one disease correctly but fails to diagnose a related condition that usually goes hand-in-hand with the primary disease.
  • Failure to diagnose an unrelated disease: The doctor diagnoses one disease correctly but fails to diagnose an unrelated second condition.
  • Botched Lab Tests: Labs can make errors, such as contaminating samples, testing the wrong patient sample, and reporting the wrong results. When lab test errors occur, you may be diagnosed by your doctor with a medical condition you don’t actually have. Or your own health issues may not be identified.
  • Misidentified Symptoms: Medical conditions have identifiable symptoms that doctors should recognize and respond to promptly. For instance, a patient who is coughing up blood should be tested for lung cancer.

If a doctor fails to recognize symptoms and fails to either order follow-up treatment or refer you to a specialist, this could result in severe harm.

Delayed Diagnosis: One of the most common types of misdiagnosis, a delayed diagnosis occurs when a doctor makes the correct decision regarding an illness, but they do so with a significant delay.

At Finz & Finz, P.C., we handle misdiagnosis cases relating to a wide variety of illnesses and conditions, including but not limited to:

If you or a loved one has suffered harm due to misdiagnosis, contact an experienced New York medical malpractice lawyer today.

At Finz & Finz, P.C., we are ready to get to work investigating your claims in order to secure the full and fair compensation you deserve. This can include:

  • Compensation for all medical bills related to the misdiagnosis
  • Compensation for lost wages if you cannot work because of your medical condition
  • Loss of enjoyment of life
  • Pain and suffering
  • Potential punitive damages against the doctor responsible for the mistake

In cases where a misdiagnosis led to the tragic death of a patient, we are committed to helping families in securing wrongful death compensation.

Contact a Medical Misdiagnosis Lawyer in New York Today

The experienced attorneys at Finz & Finz, P.C., have been fighting on behalf of medical negligence victims for decades. We understand the challenges and problems that victims of misdiagnosis face. If you have suffered harm from a misdiagnosis, our knowledgeable and compassionate lawyers are committed to maximizing your compensation.

During your free initial consultation at Finz & Finz, P.C., we can give you a better idea of the compensation you may be entitled to and that you deserve. Contact us today at (855) TOP-FIRM or by filling out our online form to schedule a free, no-obligation consultation with one of our New York misdiagnosis attorneys.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.