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Diagnostic Errors

New York Diagnostic Error Attorneys

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 winning attorneys have over 35 years of experience in successful claims involving misdiagnosis and have secured hundreds of millions in deserved compensation for our clients.

What Is a 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 attorneys 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.

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, LLPto review your case and explore your options for seeking justice against medical negligence. Call us at (800) 572-7246for a free consultation.


  • I would highly recommend them due to the fact that during a difficult time, they made the process very straightforward with excellent results. - Ciara L.
  • I had them for a case that was very difficult this firm was the best very caring and concerned I was treated like family. - Robbie J.
  • Thanks to Jeff and SSKB Law we had a successful outcome and I know that wouldn’t have been possible with anyone else. I would highly recommend this law firm to anyone who needs representation. - Chrissy B.
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