New York, NY-When we go to the doctor with medical issues, we usually trust their diagnosis without question, but doctors and medical professionals make mistakes that can have life-altering consequences. A misdiagnosis can lead to unnecessary treatment, surgical procedure or loss of a limb or body part.
A Cancer Misdiagnosis Leads to Unnecessary Mastectomy
In 2015, a New York woman saw a doctor because she had a lump in her breast. That mass was later diagnosed with breast cancer after she had a biopsy done at Mount Sinai Beth Israel Hospital, according to the New York Post.
Her mastectomy was scheduled to be done at a Lenox Hill Hospital. After her breast was removed, the hospital conducted some post-operative tests on the removed tissue as part of normal procedure. The New York Post reports that the pathologist at Lenox Hill Hospital discovered that the woman didn’t have cancer and instead had a condition known as sclerosing adenosis, which is the growth of benign tissue in the breast lobules.
Now, the woman is suing both hospitals for her disfiguring injury. She says Mount Sinai Beth Israel Hospital is liable because they misinterpreted the biopsy result. As for Lenox Hill Hospital, the suit says they were negligence because they failed to do pre-surgery testing on her breast tissue even though hospital procedures require it.
What Are My Rights After a Misdiagnosis?
As the above case demonstrates, a misdiagnosis can result in an unnecessary removal of a body part which can cause a victim intense physical and emotional pain. If you are the victim of medical negligence, you have the legal right to seek compensation from the responsible parties. USAttorneys recommends you speak to a medical malpractice lawyer in New York to see if you have a valid claim.
Providing a Claim of Merit
Before you can file a medical malpractice claim, you must file a certificate of merit with the civil court within 90 days. Your certificate of merit must state that a lawyer has examined the facts of your case and has consulted a physician and has determined that your claim is valid. If an attorney has been unable to consult with a physician after making three separate attempts with three separate physicians, a certificate of merit can be submitted absent of a physician’s opinion.
Consult with a Medical Malpractice Lawyer in New York
Medical negligence is difficult to prove in many cases, so you need a medical malpractice lawyer’s assistance with your claim. USAttorneys can help you locate an attorney near your New York location to give you the answers and advice you need. We have an outstanding team of attorneys. Your first consultation is free.