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The Failure to Diagnose Is the Most Common Reason for Medical Malpractice Lawsuits

failure to diagnose malpractice

The early treatment diagnosis and treatment of serious medical condition can mean the difference between life and death. Serious conditions, such as cancer and heart disease, are almost always more receptive to treatment if they are caught in their early stages. As a disease progresses, it becomes increasingly more difficult to treat. This puts the patient at a risk for permanent injury or even death.

For these reasons, it is imperative that medical providers thoroughly diagnose any symptoms the patient may be experiencing. Unfortunately, a recent study shows that failure to diagnose medical conditions is a serious problem.

The Facts of the Study

Medical malpractice claims can be a nightmare for both the patient and their treating physicians.  According to a study published in BMJ Open, failure to diagnose is the most common basis for medical malpractice lawsuits in a number of countries, including the United States.

The study noted that cancer and heart attacks are the top conditions that physicians fail to diagnose. More than 48 percent of these cases resulted in the death of the patient. Sadly, most of these patients may not have died had their condition been time diagnosed and treated.

Filing a Medical Malpractice Claim

When a medical provider fails to diagnose a medical condition causing additional harm to the patient, the patient may have a valid medical malpractice claim. Although filing suit will not undo the harm, it will provide the patient with the justice he or she deserves for the negligent acts of the physician.

In cases where the failure to diagnose resulted in death, the family members of the victim may bring a wrongful death claim against the negligent medical provider. An experienced medical malpractice attorney can help the patient and his or her family members get the full extent of the compensation they are entitled to.

Call a Medical Malpractice Attorney Today

For more information or to consult with one of our experienced New York medical malpractice attorneys, please call Gersowitz, Libo & Korek, P.C. at 1-800-529-9997.

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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.