Cancer Misdiagnosis Lawyers New York, New Jersey, Philadelphia
If you or a loved one has suffered complications or injuries as a result of a misdiagnosis, or if there has been a wrongful death in the family because of a failure to make a proper medical diagnosis, the experienced attorneys at Locks Law can help. Our law firm has the knowledge needed to provide informed legal counsel and the determination required to successfully represent you in court, if necessary. Our New York, New Jersey, and Philadelphia, Pennsylvania misdiagnosis lawyers have extensive experience with cases of cancer misdiagnosis, as well as the failure to recognize the signs and symptoms of life threatening conditions such as stroke or heart attack. If you or a loved one has suffered a personal injury as a result of medical malpractice, contact our personal injury attorneys today to schedule a free consultation. We can review your case and determine whether you are eligible for monetary damages.
Medical Malpractice Overview
The most common cause of medical malpractice claims in the United States is the failure to diagnose a serious or life threatening condition. The conditions often go on to devastating outcomes because of the failure to diagnose and treat the original condition. These cases arise when the doctor, physician's assistant or nurse practitioner fails to recognize signs and symptoms that should have led to a diagnosis. There are also grounds for action when they misdiagnose the condition resulting in ineffective treatment for the actual disease.
While the primary causes of medical negligence cases arise from diagnostic problems, there are multiple other preventable risks associated with medical negligence or malpractice. Our attorneys have also represented patients harmed by improper medications and for surgeries that were negligently performed or were for conditions that the patient did not have. Anesthesia errors during surgery and the failure to use modern practices to prevent and treat hospital acquired infections also give rise to medical negligence cases.
Not every medical error rises to the level of a medical negligence case. A meritorious medical malpractice case always has two important elements
- The treatment fell beneath the standard of care
- The substandard treatment caused a sufficiently serious injury
To learn more about medical malpractice, also known as medical negligence, or if you believe you may have a case, please contact Locks Law Firm and one of our attorneys will get back to you shortly. Our New Jersey and Philadelphia, Pennsylvania medical malpractice lawyers will help you to evaluate whether a misdiagnosis, a medication error, or surgical calamity resulted from negligence and caused you to suffer a poor outcome that could have been prevented. If we determine your case has merit, we will fight to obtain justice for you and hopefully to cause the involved physicians to be more careful in evaluating similar patients in the future.
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Misdiagnosis or Failure to Diagnose
When a person comes to a hospital or physician, whether in the emergency room or in the office, he or she has the right to expect medical treatment within the standard of care. A doctor or other medical professional has a DUTY to his or her patients to use his or her education and training as well as the medical tools like MRIs, CT Scans, blood tests, EKGs and other tests to make a diagnosis and to initiate appropriate treatment.
Diagnostic negligence can occur when a serious condition is not properly diagnosed or when an alternative condition is diagnosed. In either situation the person may not receive the necessary treatment to cure a disease or prevent a life threatening or disabling result from his or her condition. Not every misdiagnosis merits a medial negligence claim. Sometimes, the mistake does not lead to a serious outcome and sometimes the disease may have been too advanced for available treatment to have made a difference.
When a patient presents with symptoms that could represent a serious or life-threatening condition, such as cancer, stroke, heart attack, toxic poisoning or other serious conditions, the doctor should make what is known as a differential diagnosis. A differential diagnosis is the GOLD STANDARD for diagnosis among medical professionals. Under this gold standard procedure, the doctor lists all of the diseases that could cause the signs and symptoms that have caused the patient to seek treatment, and then it is his or her duty to rule out those conditions that could be most serious or life threatening. To do this may require the use of studies like mammograms, MRIs, EKGs, biopsies or other tests.
Too often a patient presents, often on multiple occasions, with serious head, neck or chest pain and is sent home with a relatively benign diagnosis like migraine, neck strain or pinched nerve. In fact, if the doctor had fulfilled his duty to use differential diagnosis and proper tools, a serious condition would have been revealed. In many cases, the window of possible treatment slips away, and what was a treatable condition becomes untreatable as in many cases of cancer, brain damage, heart attacks, disability, paralysis or death. In these situations the patient may well have a valid negligence claim because he or she did not receive the diagnosis and treatment that would have prevented a terrible outcome when the opportunity to make the diagnosis first presented.
Other cases arise from a misdiagnosis of a common ailment or condition that has conspicuous or recognizable signs or symptoms but are not credited by the doctor because he discounts the history given by the patient or misreads an x-ray, EKG or other medical study. If the patient suffers an adverse outcome from such a failure, this may be grounds for filing a misdiagnosis claim.
Our lawyers must evaluate a case to determine if the medical care rendered fell beneath the standard of care for the field of medicine involved. Many states including Pennsylvania and New Jersey require that a patient, through his attorney, obtain a certificate of merit from a practitioner in the same specialty as the criticized doctor. This certificate generally must be obtained at the outset of a case. If our attorneys agree to investigate your case they will order copies of all of your medical records, review the literature in the field and consult our extensive medical library. We will then submit the case to an expert physician in the field for a certificate of merit if we believe that your case should be brought. If it can be proven that a health care provider failed to perform his or her duties with an acceptable and professional level of competence and that failure caused a serious outcome that could have been prevented, then that individual and his medical malpractice insurance can be held liable for the damage caused. Contact the Locks Law Firm today to schedule a consultation with our New Jersey and Philadelphia, Pennsylvania misdiagnosis lawyers regarding your cancer misdiagnosis or any other misdiagnosis from which you have suffered.
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If a diagnosis is made correctly but in an untimely manner, the patient can still suffer injuries or complications stemming from a lack of treatment. At Locks Law, our experienced staff can help you obtain compensation for your injuries, hospital bills, and emotional distress in such a case.
Many medical conditions become exponentially worse as time goes on if they are not treated. For increased odds of patient survival, it is extremely important that a cancer diagnosis be made at the earliest possible stage, for example. If one of your loved ones has died because he or she was diagnosed too late for proper treatment, even though the treating physician could and should have made the diagnosis at an earlier time when treatment could have been effective, you can file a claim against the negligent practitioners. If you or a loved one has been significantly harmed by a delayed diagnosis, contact our personal injury attorneys today.
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Contact Locks Law to Learn More
Misdiagnosis occurs when a medical professional inaccurately evaluates and diagnoses a patient's condition. If you live in or near New York, New Jersey, or Philadelphia and have been the victim of cancer misdiagnosis or the failure to diagnose a stroke, a heart attack, a spinal abscess, a toxic insult, a serious infection or other dangerous condition you may have rights to seek compensation for the injuries or disability that you have sustained. Attorneys at the Locks Law Firm have the experience needed to help misdiagnosed Pennsylvania and New Jersey patients hold negligent medical professionals responsible for their mistakes.
To schedule a free consultation, contact the New Jersey and Pennsylvania misdiagnosis lawyers today for a review of your cancer misdiagnosis or delayed diagnosis case.
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Contact our Philadelphia, Pennsylvania and New Jersey misdiagnosis lawyers today. Cancer misdiagnosis victims or family members of individuals killed as a result of misdiagnosis can schedule free consultations with our attorneys to discuss their cases.