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Once a doctor or hospital deviates from the accepted standard of care and the result of this deviation results in injury or death you are entitled to recover financially. This would include past and future pain and suffering, expenses, loss of earnings and for other losses. In the result of death, the spouse and children would be entitled to recover financially on the victims behalf. There are many types of deviation which are common such as gynecologic surgery, hospital negligence and delay to treat or failure to diagnose. Our firm will retain experts in the medical field to prove your claim and to testify on your behalf . The experienced New York medical malpractice legal team at the Law Office of Stephen H. Frankel are here to help you and your family at this very difficult time and are pleased to offer a free no obligation consultation.


A misdiagnosis can potentially cause serious harm to a patient who is incorrectly diagnosed with a medical condition. An impatient doctor, lab report error or misread test result can provide a grim diagnosis to a healthy patient or send a sick patient home, where their illness often worsens. When a misdiagnosis results in a serious injury or death, the negligent medical professional or institution may be liable for any resulting damages.

A correct diagnosis is the basis upon which a patient and their doctor decide whether to order treatment. When a patient receives an incorrect diagnosis, or misdiagnosis, they may undergo inappropriate or unnecessary treatment or fail to receive the treatment needed to save their life or prevent future complications. A misdiagnosis of rapidly progressive diseases, such as cancer, is particularly risky as these malignancies are most responsive to treatment during the earlier stages.

There are several major types of misdiagnosis, which are described as follows:

False positive: This type of medical misdiagnosis can develop in two situations. The doctor may mistake the symptoms of one disease for another, and incorrectly diagnose their patient. Although rare, a negligent doctor may also diagnose a healthy patient with a disease from which they do not suffer.

False negative: This type of medical misdiagnosis means that the patient has the disease for which they are being tested, but a medical error leads the patient to believe they are healthy. A false negative misdiagnosis can be particularly devastating, as the patient will be sent home without receiving the proper treatment or follow‑up care.

Failure to identify the subtype: Medical misdiagnosis can occur when the doctor fails to identify the subtype of the patient’s condition. In many instances, this identification is not necessary. However, when a patient suffers from diabetes, heart problems or a similar condition, failure to identify a subtype can be particularly harmful.

Failure to diagnose an underlying condition: A misdiagnosis can occur when a physician fails to identify the underlying cause of their patient’s medical condition. When an underlying condition is overlooked, the treatment of the diagnosed ailment may be incorrect or inadequate.

Commonly Misdiagnosed Diseases

Although nearly every medical condition has the potential to be misdiagnosed, the following diseases are frequently given incorrect diagnoses:

  • Breast cancer
  • Lung cancer
  • Heart attack
  • Testicular cancer
  • Stroke
  • Bacterial meningitis
  • Diabetes
  • Pulmonary embolism
  • Appendicitis
  • Cervical cancer
  • Ovarian cancer

Many of these diseases are not only the result of a doctor’s misdiagnosis, but also errors in diagnostic testing which can eventually lead to mistreatment. Medical imaging is used when diagnosing a variety of conditions, and unfortunately, is only as good as the individual reading the film. Often, these diagnostic tests are vital in the diagnosis of serious illnesses, which may go undiagnosed if the technician or specialist makes a crucial error.

If you feel that you or a loved one has received a misdiagnosis, call an experienced New York medical malpractice attorney at the Law Office of Stephen H. Frankel for a free no obligation consultation.

Failure to Properly Read MRI, X-Rays or Mammography

In today’s technologically dependent world, radiologists and other medical professionals have the responsibility to maintain an accurate understanding of how to perform and interpret a variety of complex diagnostic tests. These tests include but are not limited to, MRIs, X‑rays, mammograms, CAT scans, ultrasounds, EEGs, EKGs and more. Medical negligence in this area can have devastating effects on a patient’s life.

If you feel that you have been the victim of medical malpractice involving a radiology error, contact the an experienced attorney at the Law Office of Stephen H. Frankel today. Medical malpractice victims may be eligible to recover compensation for past and future medical bills, loss of earnings, and pain and suffering.

Our adversaries know that we have the ability, experience and determination necessary to make sure our clients are fairly compensated for their medical malpractice injuries.

A radiologist’s or diagnostic technician’s failure to properly read tests results can sometimes literally mean the difference between life and death, particularly when patients are suffering from cancer, strokes, brain injuries, aortic aneurysm and other serious conditions.

  • Radiology errors may easily occur when a radiologist or diagnostic technician:
  • Fails to use proper imaging techniques
  • Fails to properly interpret the results
  • Fails to provide appropriate recommendations for follow‑up treatment
  • Fails to check a patient’s prior radiologic results
  • Fails to comply with appropriate departmental policies
  • Receives incorrect or inadequate information from the patient’s physician

Please call the experienced New York medical malpractice legal team at the Law Office of Stephen H. Frankel for a free no obligation consultation.