People generally rely on medical professionals to protect their health. In other words, they expect them to not only provide prompt and accurate diagnoses but also to regularly conduct screening tests necessary to determine if they are suffering from latent conditions. Sadly, however, it is not uncommon for doctors to miss the signs and symptoms of critical health concerns for months or years, which ultimately causes their patients substantial harm. If you were injured by a physician’s failure to provide a timely diagnosis, you may be able to recover compensation in a medical malpractice lawsuit, and you should consult an attorney. The capable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have a wealth of experience proving careless healthcare providers should be held responsible for the damages they cause, and if we represent you, we will craft compelling arguments in your favor. We regularly represent people in medical negligence lawsuits in Syracuse, Rochester, and cities throughout Upstate New York.
A Doctor’s Duty to Screen and Diagnose PatientsEach time a patient visits a doctor, the doctor should conduct a thorough evaluation of the patient’s health, including a comprehensive assessment of their medical history, current symptoms, and a physical examination. Additionally, physicians should perform or prescribe routine screening tests on a regular basis to detect potential health issues early and facilitate timely intervention.
These screenings may include but are not limited to tests to measure blood pressure, cholesterol levels, and blood glucose levels. It also includes mammograms, Pap smears, colonoscopies, and prostate-specific antigen tests in appropriate populations. Moreover, doctors should consider individual risk factors, family history, and demographic characteristics when determining the appropriate screening regimen for each patient. By conducting thorough evaluations and regular screenings, doctors can identify health concerns in a timely manner, allowing for early intervention and improving patient outcomes.
Medical Malpractice Stemming from Failure the Failure to Provide a Timely DiagnosisIf a patient presents with signs or symptoms of an illness at a doctor's office or hospital, but the physician treating them fails to adequately assess the symptoms or conduct a comprehensive examination, leading to a missed or delayed diagnosis, the physician could be held accountable for malpractice. Similarly, if a doctor fails to prescribe or conduct recommended screening tests, and such failures lead to diagnostic delays, it could also constitute medical malpractice.
To establish liability for medical malpractice, a plaintiff will typically have to demonstrate the defendant’s negligence. To do so under New York law, they must first prove the defendant had an obligation to deliver treatment in line with the standard of care, meaning they had a duty to provide care equivalent to that of competent practitioners in the same community and specialty under similar circumstances. The plaintiff then has to show the defendant’s deviation from this standard and that the departure caused the plaintiff measurable harm.
Medical malpractice cases often involve complex issues beyond the understanding of laypersons. Therefore, injured patients pursuing damages in medical malpractice cases typically require the expertise of one or more medical professionals to explain the standard of care, illustrate how the defendant physician deviated from it, and establish a causal relationship between the deviation and the patient's harm.
In cases involving the failure to diagnose a medical condition, the defendant may argue that any delay in diagnosing the plaintiff did not cause the plaintiff actual harm or that the losses the plaintiff suffered were inevitable. As such, presenting persuasive expert testimony is crucial for the plaintiff.
Meet with a Knowledgeable Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkPeople regularly entrust doctors with their health, but sadly, not all doctors provide competent care, and patients often suffer from conditions that go undiagnosed and untreated. If you suffered losses due to your doctor’s failure to provide a timely diagnosis, you have the right to pursue claims for damages, and it is in your best interest to meet with an attorney. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers possess the skills and resources needed to prevail in claims against reckless healthcare providers, and if you hire us, we will argue tirelessly on your behalf. Our primary office is in Syracuse, and we regularly represent parties harmed by medical negligence in Syracuse as well as in Rochester and other cities throughout Upstate New York. You can contact us to arrange a complimentary and confidential consultation by calling us at 833-200-2000 or through our form online.