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New York Misdiagnosis Lawyers

Did a Doctor Fail to Diagnosis Your Illness?

Patients trust their doctors to provide the best quality of care possible, especially when it comes to accurate and timely diagnoses of life-threatening diseases and health conditions. Misdiagnoses of patients can lead to serious injuries, illnesses, or even death. They can lead to unnecessary procedures or delayed treatments that patients may have needed to successfully recover.

Doctors and medical professionals should be held accountable for diagnostic errors that are caused by medical negligence or incompetence. At the law firm of Salenger, Sack, Kimmel & Bavaro, LLP, we are dedicated to advocating for the rights of victims who have lost their chance at a healthy recovery due to medical negligence. Our New York misdiagnosis attorneys have over 35 years of experience in successful claims involving medical malpractice and have secured hundreds of millions in deserved compensation for our clients.


Schedule a free consultation today by calling (800) 572-7246. Our award-winning team is ready to discuss your case!


Top-Rated Trial Lawyers Who Get Results

Doctors, hospitals and other healthcare workers are represented by a team of expensive defense attorneys who have extensive resources at their disposal. In order to have a successful misdiagnosis case, you need legal representation that is equally formidable.

Since our founding in 1985, Salenger, Sack, Kimmel & Bavaro, LLP has established itself as one of the most trusted personal injury trial firms in New York. Our team of attorneys has been regularly recognized by a number of prestigious organizations, including Best Lawyers, U.S. News Best Lawyers - Best Law Firms, Super Lawyers, and more!

We've recovered over $1 billion for client's on Long Island and across New York, including:

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What Is a Medical Misdiagnosis?

Advanced technology and medical treatments have made certain diseases that were once life-threatening treatable. When doctors misdiagnose patients, their negligence can lead to unnecessary procedures and medications for the wrong conditions, while delaying the life-saving treatment that the patient really needs to fight back against their disease.

Medical misdiagnoses encompass a group of medical errors, including:

  • Incorrect diagnosis: A doctor who diagnoses a patient with the wrong condition could also order unnecessary tests, procedures, and medications for this course of treatment, while the actual condition continues to go untreated. These types of errors also include if a doctor diagnoses a patient correctly, but at the wrong stage or class identification of a disease.
  • Delayed diagnosis: Not all doctors immediately identify an illness or injury, even when the right symptoms are present. This negligence allows illnesses and diseases to spread and the patient’s health to decline, making the course of proper treatment more difficult and less effective.
  • Failure to diagnose: Some doctors fail entirely to diagnose treatable diseases that cause needless pain and suffering for patients and a poor prognosis for survival. These cases also result in the need for more aggressive treatments that could lead to more discomfort for a patient who is already suffering.
  • Failure to recognize complications: Doctors who do not recognize when a patient is having an adverse reaction to treatment or medication or fails to address the problem if they do notice could be liable for damages.
  • Failure to diagnose secondary conditions: Certain diseases lead to other harmful health conditions that also must be treated. Doctors who fail to diagnose the secondary conditions are neglecting the patient’s need for further treatment and allowing their overall health to decline.

There are hundreds of ways that doctors have misdiagnosed patients, which have resulted in traumatic injuries, illnesses, or untimely and preventable deaths.

These are a few of the most commonly misdiagnosed health conditions:

  • Cancer
  • Blood clots
  • Stroke
  • Heart attack
  • Lyme disease
  • Celiac disease
  • Thyroid conditions
  • Fibromyalgia
  • Depression
  • Appendicitis
  • Multiple sclerosis
  • Lupus

We understand the implications a misdiagnosed disease or medical condition can have on your health, family, finances, and personal life. We also know that proving cases of medical negligence can be tough. Our misdiagnosis attorneys in New York have the resources and the experience you need to settle your case or see it through to a jury in order to obtain the most positive outcome. Consulting with the top medical professionals in the industry, we examine every detail of your diagnosis and treatment to investigate whether medical negligence was the cause for your pain and suffering.


Schedule a free consultation with us today. Call (800) 572-7246 to get started.       
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How Misdiagnosis Impacts Patient Outcomes

As patients, we rely on medical professionals to properly diagnose and treat our ailments. However, what happens when the diagnosis is incorrect? Misdiagnosis not only delays treatment, but can lead to unnecessary and potentially harmful interventions. In some cases, it can even be fatal. 

Patients may suffer from worsening conditions or require additional medical care, resulting in higher healthcare costs and reduced quality of life. Furthermore, misdiagnosis erodes trust between patients and healthcare providers, putting patient safety at risk. Accurate diagnosis is critical for improving patient outcomes and ensuring the best possible care.

How Can Doctors Reduce the Risk of Misdiagnosis?

With the complexity of medical conditions and the constant evolution of medicine, it's crucial for doctors to minimize the risk of misdiagnosis or delayed diagnosis. The first step in reducing this risk is ensuring open communication with patients. Listening actively and allowing them to express their concerns and symptoms can provide valuable insights. 

Once the symptoms are established, doctors can use evidence-based medicine and clinical guidelines to help identify and diagnose the condition accurately. Furthermore, investing in continuing medical education can help doctors stay updated with the latest medical knowledge and technological advancements. 

Collaboration with fellow healthcare professionals and specialists can also help eliminate any potential diagnostic errors. Ultimately, being thorough in examining all possible avenues is critical in reducing the risk of misdiagnosis and in producing effective treatment plans for patients. 

If your healthcare provider failed to uphold an appropriate standard of care, resulting in preventable harm, don't wait to discuss your options with a New York misdiagnosis lawyer at Salenger, Sack, Kimmel & Bavaro, LLP.

Common Causes of Diagnostic Errors

Inadequate Communication

One of the most common causes of diagnostic errors is inadequate communication between healthcare providers and patients. Poor communication can lead to misdiagnoses, as important information may be missed or misinterpreted. Additionally, if a patient does not understand the diagnosis they have been given, they may not follow proper treatment protocols, leading to further complications.

Failure to Obtain an Adequate Medical History

Another common cause of diagnostic errors is failure to obtain an adequate medical history from the patient. A complete medical history can provide valuable insight into a patient’s current condition and help guide the diagnosis process. If a healthcare provider fails to obtain a full medical history from a patient, they may miss important clues that could lead to an accurate diagnosis.

Lack of Clinical Expertise

A lack of clinical expertise can also lead to diagnostic errors. Healthcare providers must have sufficient knowledge and experience in order to accurately diagnose and treat their patients. If a healthcare provider lacks this expertise, it can lead to incorrect diagnoses or improper treatments being prescribed. 

Overreliance on Technology 

Overreliance on technology is another common cause of diagnostic errors. While technology can be helpful in diagnosing certain conditions, it should never replace the expertise of a qualified healthcare professional when making decisions about a patient’s care. When technology is used without proper oversight, it can lead to inaccurate diagnoses or incorrect treatments being prescribed for patients. 

Poor Documentation 

Accurate documentation is essential for ensuring that all relevant information about a patient’s condition has been recorded and shared with other members of the healthcare team who are involved in their care. Without accurate documentation, important information about a patient’s condition may be overlooked or misinterpreted by other members of the team, leading to misdiagnoses or incorrect treatments being prescribed for them. 

Diagnostic Tests Not Being Performed Properly 

Diagnostic tests are often used by healthcare providers in order to confirm or rule out potential diagnoses for their patients; however, these tests must be performed properly in order for them to be effective at providing accurate results. If tests are not performed correctly due to human error or technical issues, this can lead to incorrect results and misdiagnoses for patients who rely on them for their care decisions. 

Cognitive Bias 

Cognitive bias is another major factor that contributes to diagnostic errors in healthcare settings. Cognitive biases are mental shortcuts that people take when making decisions; these shortcuts can lead people astray when diagnosing illnesses if they become too reliant on them rather than relying on evidence-based practices. 

Time Pressure 

Healthcare providers often face time constraints when treating their patients, which can make it difficult for them to make informed decisions regarding diagnosis and treatment plans. This time pressure can cause providers to make hasty decisions without fully considering all available evidence, leading them astray and resulting in misdiagnoses or incorrect treatments being prescribed.

How to Prove Medical Negligence

In New York, it is not enough for a patient to claim their doctor failed to notice signs or symptoms or to follow up with patient care.

For a case to be successful, patients must show that all three of these elements were present:

  • A doctor-patient relationship existed at the time of the alleged error;
  • The doctor’s error was considered negligent; and
  • The patient injury was caused by the error.

When it comes to misdiagnosed medical conditions, not all cases will be eligible for a lawsuit. Some types of life-threatening diseases spread so rapidly that the failure to diagnose or misdiagnosis of these conditions can be considered common. It’s essential to contact an attorney as soon as you receive a surprising diagnosis to allow for a quick and effective investigation in order to determine if your situation has grounds for a lawsuit, and to obtain the best possible outcome. Let our team provide the support and care you deserve during one of the worst times of your life.


Contact Salenger, Sack, Kimmel & Bavaro, LLP to review your case and explore your options for seeking justice against medical negligence. Call our New York medical misdiagnosis lawyers at (800) 572-7246 for a free consultation.


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