Missed or Delayed Diagnosis of Spinal Cord Injuries
A spinal cord injury is a catastrophic event that can have profound consequences, including chronic pain and paralysis, and a swift diagnosis and immediate intervention are essential in preventing further damage and optimizing recovery. Tragically, doctors often fail to promptly recognize the symptoms of spinal cord injuries, which ultimately leads to irreparable harm. In many instances, the failure to diagnose a spinal cord injury arises out of negligence and may be cause for pursuing medical malpractice claims. If you or a loved one were hurt by the missed or delayed diagnosis of spinal cord injuries, you have the right to seek damages, and you should talk to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys are dedicated to protecting the rights of those harmed by careless medical providers, and if we represent you, we will work tirelessly in pursuit of the justice you deserve. We proudly serve clients in Syracuse, Rochester, and throughout Upstate New York.
The Consequences of a Missed or Delayed Diagnosis of Spinal Cord InjuriesA spinal cord injury occurs when damage to the spinal cord results in a loss of function, sensation, or mobility. These injuries can be caused by traumatic events such as car accidents, falls, or medical procedures. If left undiagnosed or untreated, spinal cord injuries can worsen, leading to more extensive neurological damage. Symptoms such as severe back or neck pain, weakness, numbness, and loss of bladder or bowel control should prompt immediate medical evaluation.
Doctors are trained to recognize the symptoms of a spinal cord injury and conduct appropriate diagnostic tests, including MRIs, CT scans, and neurological evaluations. When physician’s fail to properly assess a patient’s condition or dismiss symptoms without further examination, their negligence can have life-altering consequences. A missed or delayed diagnosis of spinal cord injuries can deprive a patient of necessary treatment, such as surgical intervention or immobilization, exacerbating the injury and diminishing the chances of recovery. Additionally, patients impacted by such failures may face permanent disability, diminished quality of life, and increased medical expenses.
Establishing Liability for a Missed or Delayed Diagnosis of Spinal Cord InjuriesWhen a medical professional fails to diagnose a spinal cord injury, the repercussions can be devastating. In New York, victims of medical malpractice can pursue legal action against the responsible provider. To establish liability for a missed or delayed diagnosis of spinal cord injuries, a plaintiff generally must prove the defendant’s negligence.
In New York, a plaintiff asserting a negligence claim against a healthcare provider must first establish that the defendant provider had a duty to provide care in line with what is considered the good and accepted practice of medicine, otherwise known as the standard of care. This duty is inherent in the doctor-patient relationship. Next, the plaintiff must prove that the defendant breached this duty by failing to accurately diagnose the spinal cord injury. This breach may involve failing to order essential imaging tests, misreading results, or dismissing critical symptoms.
The plaintiff must then show that the defendant’s departure from the standard of care directly caused or worsened the plaintiff’s harm. In most cases, expert medical testimony is necessary to explain how the delayed or missed diagnosis constitutes a breach of the standard of care and resulted in avoidable harm. A plaintiff who successfully demonstrates a defendant’s fault may recover damages for their economic harm, which includes medical bills, ongoing rehabilitation costs, lost income, and out-of-pocket costs, as well as non-economic harm, like mental trauma and pain and suffering.
Contact a Skilled Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkA spinal cord injury can have devastating and permanent consequences, making early diagnosis and treatment essential. If you or a loved one sustained losses due to a missed or delayed diagnosis of spinal cord injuries, it is important to talk to an attorney about your rights. The skilled Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers have extensive experience handling complex medical negligence cases and are dedicated to helping injured patients secure the compensation they deserve. We proudly serve clients in Syracuse, Rochester, and throughout Upstate New York. To arrange a free and confidential consultation, contact us online or call us at 833-200-2000.