New York Failure to Diagnose Stroke and Heart Attack Lawyer

Failure to diagnose is a common type of medical malpractice. Strokes and heart attacks are some of the most commonly misdiagnosed conditions. If you or a loved one has adverse health effects due to an undiagnosed stroke or heart attack, you could have grounds for a medical malpractice claim. Contact our New York medical malpractice attorneys at Fiedler Deutsch, LLP right away for a free consultation. Call (914) 993-0393 to speak to one of our lead attorneys about your case.

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What Is Failure to Diagnose Stroke/Heart Attack?

A doctor has a legal responsibility to promptly and correctly diagnose a patient’s condition based on the facts presented. A prudent physician will use a process of eliminations to narrow down the diagnosis options based on physical exams, medical tests, x-rays and other means. A negligent physician, on the other hand, may skip steps, ignore patient complaints, fail to follow up with a patient and ultimately fail to diagnose a serious problem, such as stroke or heart attack.

Misdiagnoses and failures to diagnose are common with strokes and heart attacks due to their symptoms, which can be ambiguous and resemble other conditions. Symptoms of stroke and heart attacks can include chest pain or discomfort, shortness of breath, nausea, vomiting, sweating, light-headedness, fainting, abdominal pain and anxiety. A negligent doctor may misdiagnose a stroke or heart attack as epilepsy, multiple sclerosis, intracranial tumors, an infection such as meningitis, indigestion or acid reflux.

Misdiagnosis is a top concern for patients at risk of heart attacks, heart disease and stroke. A physician should look for risk factors for stroke and heart attack, such as high blood pressure, smoking, obesity, high cholesterol and diabetes during patient screening. Then, the doctor should use accepted tools to screen for stroke or heart attack, such as the proper diagnostic tests. If a physician negligently fails to diagnose a stroke or heart attack, he or she may be liable for damages.

When Is a Doctor Guilty of Failure to Diagnose?

Going to a hospital or doctor’s office in New York should not lead to worse injuries than when you arrived. Unfortunately, you cannot always trust your health care provider to take proper care of you as a patient. Failure to diagnose is just one type of medical malpractice that could negatively impact you. To prove a malpractice claim, you or your lawyer will need to demonstrate evidence of four key elements:

Patient-Physician Relationship

You and the doctor guilty of failing to diagnose your stroke or heart attack must have had a patient-physician relationship at the time of the malpractice. You would not, for example, have grounds for a claim against a friend who gave you unofficial medical advice.

Breach of the Duty of Care

The doctor involved in your lawsuit must be guilty of a breach of the professional duty of care, such as a failure to administer a physical exam or misinterpreting your test results.

Causation for Injuries or Illnesses

You or your lawyer must establish a causal link between the physician’s act of malpractice and your injuries or losses. If you would have your injury regardless of the failure to diagnose, you may not have a claim.

Damages Acquired from Failure to Diagnose

Finally, you must have proof of compensable losses connected to the failure to diagnose your stroke or heart attack. Damages can include medical expenses, physical harm, emotional distress, lost wages and attorney’s fees.

Contact Us Today

At Fiedler Deutsch, LLP, we handle cases from health care centers throughout the state, including Westchester Medical Center, White Plains Hospital, New York-Presbyterian Hospital, NYU Langone Hospital, Mount Sinai Hospital, North Shore University Hospital, and Montefiore New Rochelle Hospital. Contact us right away if you believe you have grounds for a claim based on the failure to diagnose a stroke or heart attack. We are here to support you through this process.