$I Billion for Injured New Yorkers
Our Results
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
Serving the greater NYC Area: Manhattan, Brooklyn, Queens, Bronx & Staten Island

Differential Diagnosis and Medical Malpractice

When you are receiving medical care, the doctor might want to do a differential diagnosis to determine the most likely cause of your health problem. When you go to a doctor with a complaint, the doctor will ask many questions, to narrow down what the most likely cause is for your sickness.

Once the doctor has formed an opinion about what the most likely causes could be, he will order different types of clinical and diagnostic tests to confirm the cause of your illness. He might order x-rays, scans, blood tests, and other procedures to find out for sure the underlying cause of your complaints. The various tests are conducted to rule out or rule in what exactly you have.

Failure to Perform Differential Diagnosis

If you have filed a medical malpractice case, your attorney will have the opportunity to question the doctor you are suing. If the case is based on misdiagnosis or failure to diagnose, your lawyer will ask the doctor, what were the causes he was considering? The doctor might give an entire list of causes that he was considering, which were possible for the problem.

For instance, the lawyer will take the first one on the list, and ask the doctor-with regard to your belief that the problem might have been cancer, what clinical tests were ordered to rule out the fact that my client would have cancer? What diagnostic test did you perform to determine whether my client had cancer? What was the next most likely condition, you think the patient had?

Wrong or Ineffective Treatment

The lawyer will go through the entire list, asking the doctor about the tests that were completed. In addition, whether the doctor believed he could rule in or rule out the various conditions based on those tests. The lawyer will further inquire if the doctor believed that failure to properly evaluate each of those most likely conditions would be a departure from good and accepted medical care.

Ultimately, the doctor will have to say yes, because it is sound medical practice to create a list of the most likely causes of the particular problem of the patient, and begin to rule out each of the things on the list to arrive at the exact cause of the problem, in order to prescribe the correct treatment plan.

Hence, differential diagnosis is the first thing a doctor should be doing, in order to find out the exact cause of your health problem. If a doctor simply goes along with his opinion and does not carry out the required tests for confirming the cause of the health problem, he could prescribe a treatment plan, which could not only be ineffective, but also dangerous for the patient.

The Wrong Focus

Therefore, failure to perform a differential diagnosis would be grounds for a medical malpractice case, if the patient has suffered due to the wrong or ineffective treatment. When the problem is not diagnosed correctly, it is obvious the doctor will then be prescribing the wrong treatment, since it will be addressing something entirely different from what the patient is actually suffering from.

No Comments

Leave a comment
Comment Information

Learn About Medical Malpractice Cases in NYC

Watch all videos »

Listen to our clients

Watch all videos »

Case of the month

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
Read This Malpractice Post

Experienced & Trusted medical malpractice lawyers

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation. Our experience can make a difference for you.

Office Locations - Call today to schedule a consultation 1-866-516-5887

16 Court Street
Brooklyn, NY 11241

Brooklyn Law Office

3101 Broadway
Astoria, NY 11106

Astoria Law Office

8900 Sutphin Blvd
Suite 501
Queens, NY 11435

Queens Law Office

9201 4th Ave
Brooklyn, NY 11209

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney

Back to Top