Justia Lawyer Rating
AV Preeminent Martindale-Hubbell Lawyer Ratings
Bar Register Preeminent Lawyers
Avvo Rating 10
The Best Lawyers in America
Best Law Firms 2020
Multi-Million Dollar Advocates Forum
Super Lawyers
Million Dollar Advocates Forum
Hispanic Lawyers Association

Medical Misdiagnosis

Medical Malpractice Misdiagnosis, Wrong Diagnosis; Failure to Diagnose

X Ray image Misdiagnosis and failure to diagnose happens far more frequently than most people think. Thankfully, often the misdiagnosis has no real consequences because the illness, disease or condition can be treated and corrected even after a late diagnosis. But occasionally misdiagnosis causes a serious, irreversible worsening of a medical condition or illness, or leads to death. This can happen either because the misdiagnosis caused too much time to go by so that the disease or condition is no longer curable or treatable. It can also happen where the misdiagnosis caused the wrong prescription to be given, which harmed the patient.

Some commonly misdiagnosed illnesses or conditions are: Cancers (prostate cancer, ovarian cancer, breast cancer, lung cancer etc.), appendicitis, pulmonary embolism, strokes, tuberculosis, meningitis and diabetes. But many other conditions or illnesses are often misdiagnosed.

If the misdiagnosis is caught in time, and the harm is undone by proper treatment, then generally there is no malpractice case to pursue. As a general rule, misdiagnosis cases have a "no harm no foul" rule.

There are many reasons for wrong, mistaken or missed diagnosis. Some of them are: rushed doctors, unqualified doctors, poor communication with the patient, failure on the part of the doctor to research the symptoms or condition, misreading an ex–ray, mammography, ultrasound, or misreading a biopsy, misreading blood, urine or pap smear tests, misreading ex–rays, MRI's or other images, and failure to eliminate all possible conditions corresponding to the symptoms.

No one is more devastated than the patient who gets a "clean bill of health" from a doctor only to learn a year or so later that the doctor missed a serious, life–threatening medical problem. When the medical illness or condition could have been timely treated or cured, but now is going to lead to death instead, the medical professional has literally killed his patient.

Cancer is misdiagnosed in many ways. Sometimes a malignant tumor is misidentified as benign, or specimens are read or interpreted wrong by the pathologist, or the doctor fails to follow up or have the patient come back for additional testing, or a cancerous lesion is overlooked, or a patient who is at increased risk of developing cancer is not thoroughly screened.

No matter how the misdiagnoses or the failure to diagnose occurs, the doctor and/or hospital will be liable if missing the diagnosis is a departure from the ordinary standard of care for doctors.

The Auburn, New York medical misdiagnosis attorneys of Michaels Bersani Kalabanka have recovered millions of dollars for clients injured, or whose loved ones were killed, by misdiagnosis and failure to diagnose illnesses, diseases and medical conditions and for other injuries. If you or a loved one has been a victim of a misdiagnosis that has caused serious injury or risk of death, CONTACT US for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.

Client Reviews
He is one of the top lawyers in central New York & has the accolades to show for this, but in my book he's the top lawyer in the country. I am honored to have had the opportunity to work with Mr. Bersani & to have had him on my team! Matthew
I admire the amount of background work he did which was instrumental in getting me a very good settlement. Also, having never been involved in a personal injury lawsuit, Michael was very patient explaining the legal issues. You're in good hands with Michael Bersani and the firm of Michaels Bersani Kalabanka. Richard
Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
Dave has handled our legal matters for over 20 years. Always there when we needed him. We were so happy with his professionalism and results that we referred him to several friends. If we ever need this type of service again, Dave will be the first and only call we make. Jackie