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Articles Posted in Failure to Diagnose

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Failing to Diagnose Deep Vein Thrombosis (DVT) May Give Rise to a Malpractice Claim

The majority of patients trust their doctors to correctly diagnose their medical conditions and provide adequate treatment. Unfortunately, in some cases, medical professionals fail to properly diagnose a medical condition. One medical condition that is often misdiagnosed is deep vein thrombosis (DVT).  Deep vein thrombosis (DVT) is a condition that…

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New York Court Discusses Establishing Liability for a Delayed Diagnosis

For many medical issues, a prompt diagnosis is essential to a good outcome. As such, a patient that suffers harm due to a delayed diagnosis may be able to recover damages in a medical malpractice lawsuit. Merely demonstrating that a diagnosis was delayed is not sufficient to establish liability, though,…

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New York Court Discusses Liability for the Failure to Diagnose a Patient

A missed diagnosis can cause irreparable damages, and in many instances, the harm suffered is fatal. Simply because a patient dies after being improperly diagnosed does not automatically mean their family can recover compensation, however. Rather, the survivors must prove the doctor in question committed medical malpractice, and if they…

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New York Court Dismisses Medical Malpractice Claim for Failure to Prosecute

There are several elements to a successful medical malpractice claim. In other words, a plaintiff must not only prove the defendant acted negligently, and in doing so, harmed the plaintiff but must also comply with the procedural rules for pursuing damages. All too often, however, the plaintiff’s claims are dismissed…

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New York Court Discusses Comparative Negligence in Failure to Diagnose Cases

In most medical malpractice cases, the primary focus is on whether the defendant health care provider breached the standard of care and thereby caused the plaintiff harm. In some instances, though, a defendant seeking to refute liability will argue that an intervening cause, such as the plaintiff’s own negligence, was…

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New York Court Denies Petition to Serve Late Notice of Medical Malpractice Claim

While delays may greatly impair a patient’s health, they may also impair the patient’s right to pursue damages for negligent treatment. For example, a patient harmed by a doctor’s delay in prescribing diagnostic testing may lead to a delayed diagnosis, which can cause irreparable harm to the patient’s health. Similarly,…

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New York Court Discusses When a Delayed Diagnosis Constitutes Medical Malpractice  

In some instances in which a patient suffers from multiple symptoms that do not have a clear cause, a doctor will be unable to provide the patient with a prompt diagnosis. While some degree of delay in diagnosing a patient may be reasonable, a substantial delay without just cause may…

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New York Court Discusses When a Delayed Diagnosis Constitutes Malpractice

While in some cases, a patient’s symptoms are straightforward, and the cause of the symptoms are easily ascertainable, in other instances, the journey to an accurate diagnosis can be lengthy. Simply because a patient does not immediately receive a correct diagnosis does not indicate that malpractice is present, however. Instead,…

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Court Discusses Proximate Cause in New York Medical Malpractice Cases Involving Multiple Defendants

Many times when a person presents to the emergency room of a hospital, multiple doctors will render treatment and care to the person. Thus, if the person subsequently suffers harm because the care provided was inadequate, there may be more than one care provider liable for the person’s harm. If…

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Court Discusses Substitution of Parties in Medical Malpractice Cases

When dealing with any health issues it is imperative to obtain an accurate diagnosis and proper treatment in a timely manner. A doctor’s failure to promptly diagnose and treat a person’s illness or condition can result in severe detriments and may sadly lead to a person’s premature death.  In cases…

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