Futterman, Sirotkin And Seinfeld, LLP
Futterman, Sirotkin And Seinfeld, LLP

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Is a misdiagnosis always due to negligence?

On Behalf of | Nov 25, 2017 | Failure to Diagnose |

Cases of medical malpractice lawsuits arising from patients in New York City being misdiagnosed by doctors are not all that uncommon. Yet they may not be representative of the total number of misdiagnosis cases that occur in the U.S. every year. Information shared by CBS News puts that number at 12 million incidents annually, half of which can result in significant harm to patients. Yet are all of those cases examples of doctor negligence? This essentially amounts to questioning whether the law allows your doctor to be wrong once in a while.

When it comes to your health, you may think that the answer to that question most certainly should be no. However, some degree of recognition may be given to the fact that doctors are not infallible. They also may be restricted by the limits that the diagnostic procedures and technology at their immediate disposal imposes. Then there are those rare situations where you may be suffering from a condition that little is known about. So the question then becomes when is a doctor negligent in misdiagnosing you?

If your symptoms fit those of the condition that a doctor diagnoses you with, then it may be hard to say that his or her work was negligent. This may be true even if further testing neither confirms nor contradicts his or her conclusions. Ultimately, he or she can only make a decision based of the information he or she has. If, however, he or she failed to meet the standard of care in treating or diagnosing you, then you may certainly have evidence to support a claim of negligence. Ignoring contradictory clinical indicators, failing to fully utilize available diagnostic tools or bullishly proceeding with treatment despite your reservations are examples of such a failure.