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  • $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
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By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, July 12, 2019.

On the 11th of September, 2003, John Ritter, a well-known comedic actor on shows such as “Three’s Company” and “8 Simple Rules,” died as a result of an aortic dissection - also known as a tear in the inner layer of the aorta. This condition is fatal, as the aorta is the main blood vessel that transports blood away from your heart and to the rest of your body. 

The signs and symptoms of aortic dissection and heart attack are very similar; thus doctors need to be stringent and follow all the necessary protocols to ensure that an accurate diagnosis is made. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, June 17, 2019.

A doctor’s failure to diagnose occurs when they are negligent or fail to take the necessary steps to determine the nature of your illness, which then causes you harm. The reason for this harm is because a doctor’s failure to diagnose can lead to incorrect or delayed treatment being administered or worse, no treatment is administered at all.

There are several factors that contribute to failure to diagnose within the primary healthcare system, with some being more prevalent than others. Such diagnostic errors include:

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, May 20, 2019.

A doctor’s failure to diagnose a patient's medical condition is the most common reason why patients sue their doctors. This statistic also includes a doctor misdiagnosing a patient and/or delaying their diagnosis.

What is Failure to Diagnose?

Failure to diagnose is caused by a doctor’s negligence or failure to take the specific steps necessary to determine the nature of your illness. This negligence then causes you harm, as treatment is either delayed or isn’t administered at all, due to there being no record of it.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, April 22, 2019.

In 2013, Johns Hopkins researchers found that diagnostic errors - such as failure to diagnose - accounted for the largest fraction of medical malpractice claim payouts. Diagnostic errors also resulted in the most severe patient harm and the highest total penalty payouts.

In fact, Doctor David E. Newman-Toker at Johns Hopkins School of Medicine argues that diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, April 08, 2019.

According to a recent study, in almost 16% of the cases, radiologists will report false-positive cancer readings in mammogram x-rays. Many of these radiologists are younger and newly trained doctors who may be likely to make more errors in interpretation than their more experienced counterparts.

The Journal of the National Cancer Institute found that only if the radiologists could compare films from their earlier mammogram screenings, the rate of these “false-positives” could be lowered significantly.

Dr. Joann Elmore, professor of epidemiology at the University of Washington (School of Medicine), says that it is alarming how common false-positives have become in the US. She also said that false-positives are most likely to occur in the case of breast cancer mammogram screenings but it shouldn’t discourage women from having annual check-ups.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Tuesday, October 02, 2018.

Lewy body dementia refers to a particular kind of dementia that has three possible initial presentations. New Yorkers who have LBD are sometimes misdiagnosed as having Alzheimer's because the two conditions have some of the same symptoms. This can be harmful to people with LBD because they may respond positively to some dementia medications that are less likely to be prescribed if they are erroneously diagnosed with Alzheimer's disease, and because people with LBD may respond negatively to some Alzheimer's drugs, sometimes with lasting side effects.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Thursday, September 27, 2018.

Typically, cellulitis is diagnosed based on how the affected area looks and what the patient reports as symptoms. There are a number of other skin conditions that might have symptoms similar to those of cellulitis, so it is sometimes misdiagnosed. Cellulitis is a bacterial skin infection that causes skin inflammation. New York residents might be interested in the results of a study from Brigham and Women's Hospital that demonstrates early dermatologist consultation for patients who were thought to have cellulitis improved outcomes and prevented misdiagnoses.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Thursday, September 20, 2018.

When it's suspected that a New York patient has interstitial lung disease (ILD), diagnosis typically involves invasive techniques such as checking a tissue sample and performing a bronchoscopy with specialized instruments to view airways. According to a study specific to ILD and similar pulmonary conditions, routine rheumatology assessments may minimize the need for more invasive diagnostic procedures in some instances. Researchers also believe diagnosis accuracy may be improved with adjustments to testing processes.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Thursday, September 13, 2018.

When New York men are diagnosed with prostate cancer, doctors might also use a test known as prostate-specific membrane antigen positron emission tomography imaging to determine whether the cancer has metastasized. When PSMA is detected as a highly expressive enzyme in tissue, it can be an indication that the cancer is spreading.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, September 07, 2018.

People in New York typically approach eye doctors when they are experiencing eye pain or vision problems. Time constraints on doctors and their failure to think about alternative diagnoses could result in diagnostic mistakes when patients present with symptoms somewhat out of the ordinary. An analysis of 122 patients diagnosed with acute optic neuritis and referred to a university neuro-ophthalmology clinic determined that 59.8 percent of them had received the wrong diagnosis.

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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.

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