Can I Sue My Doctor for Misdiagnosis? What Counts as Malpractice in New York

While it is the responsibility of medical professionals to diagnose and treat patients, medical errors do occur. It could be due to the fact that there are so many diseases and symptoms to keep track of, or it could be that the doctor simply did not take the time to figure out what was wrong. In any case, a misdiagnosis can result in serious health issues that will cost you a lot of money in the long run.

As a result, if your doctor misdiagnoses you, they may be held liable for any resulting damages. Medical malpractice is a type of professional negligence in which a doctor or other medical professional fails to provide the level of care that a reasonably prudent healthcare provider would provide in similar circumstances.

This carelessness can sometimes result in serious personal injury or even wrongful death. An experienced medical malpractice attorney can assist victims in filing medical malpractice claims against the negligent doctor and potentially recovering compensation for their losses in these cases. However, there are some things you should think about before contacting a medical malpractice law firm to file a lawsuit against your doctor.

What Counts as Malpractice

It is best if you first attempt to understand what constitutes medical malpractice in Brooklyn, NY.

Medical malpractice occurs when a doctor fails to meet the medical community’s standard of care when treating a patient. The approach taken by other health professionals in similar situations is referred to as the standard of care.

For example, suppose your doctor fails to perform specific tests despite the notification of your symptoms, causing you harm. In this case, they may have acted negligently by failing to meet the standard of care for treating patients experiencing these symptoms.

If you’re not sure whether your doctor was negligent or not, here’s a breakdown of what constitutes negligence:


When a doctor fails to identify the correct medical condition causing your symptoms, this is referred to as a “misdiagnosis.”

For example, if you go to the doctor with symptoms of severe abdominal pain and they tell you that it’s just constipation or indigestion rather than an inflamed appendix (a potentially fatal condition), they have committed malpractice by misdiagnosing your condition.


This malpractice occurs when a physician fails to properly diagnose someone who has obvious symptoms that necessitate medical attention (e.g., cancer). Typically, this occurs because there was little evidence pointing to a specific diagnosis at the time of the visit, but new information emerges later, helping to clarify what’s going on in your body.

For example, discovering that someone had actually gone into cardiac arrest rather than simply passing out would be considered a failure to diagnose rather than a failure to treat.

Did the Misdiagnosis Result in Serious Harm?

When evaluating your case, malpractice attorneys will first look to see if there was any actual harm caused by the doctor’s error.

Even if they believe there was medical negligence on the part of your doctor, they may not take your case unless there was significant harm due to this negligence — otherwise known as damages. This means that if you were misdiagnosed but did not suffer any real harm as a result (for example, because the disease was not severe or caused no permanent damage), it may be difficult to win your case.

If, on the other hand, the misdiagnosis left you permanently disabled and/or impacted your ability to work or earn a living in some way, you’ll have a stronger malpractice case against your doctor.

So, Are Medical Malpractice Lawsuits Worth Filing?

If you suspect your doctor made a mistake in diagnosing or treating your injuries, you must immediately speak with Brooklyn medical malpractice lawyers.

A medical malpractice lawsuit is filed by an injured person against a doctor or other healthcare provider who is accused of negligence or wrongdoing that caused the plaintiff harm. The injured person must demonstrate that their injuries were caused by the defendant’s negligence and that those injuries were severe enough to warrant compensation from the defendant.

The elements of a medical malpractice case include:

  • A duty owed by the defendant to the plaintiff
  • Breach of that duty
  • Injury to the patient
  • Proximate cause between the breach and injury

What Are Some of the Possible Damages?

Victims can recover compensation for damages in a medical malpractice claim against their doctor. They include:

  • Physical injuries – If a patient suffers from permanent disability or disfigurement due to negligent treatment by their doctor;
  • Emotional distress – If a patient suffers from severe emotional distress due to negligent treatment by their doctor
  • Lost wages – If a patient misses work while recovering from an injury caused by negligent treatment

Brooklyn Medical Malpractice Attorneys From Ross & Hill Can Help

While you may be able to file a claim against your doctor on your own, it is often preferable to work with a law firm that specializes in medical malpractice cases, such as Ross & Hill.

We can assist you in determining whether legal action can be taken against the doctor who misdiagnosed you (or someone else at their office) to obtain compensation for any losses you incurred as a result of their negligence.

Our legal team will also walk you through the process of filing a claim and dealing with all aspects of litigation. They will review all documents related to your case, including medical records, and will provide legal advice throughout the process.

If the case is heard in court, the judge will almost certainly expect you to be represented by an attorney. In addition, if an insurance company denies or dismisses your claim, having a professional on your side can significantly increase your chances of success.

In any case, the law can be complicated and confusing, so it’s a good idea to get help from a medical malpractice lawyer as soon as possible. Call us at 718-855-2324 for a free consultation.


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