Personal Injury, Wrongful Death and Medical Malpractice Attorneys
Personal Injury, Wrongful Death and Medical Malpractice Attorneys



Woman files lawsuit against hospital for failure to diagnose

Part of a medical physician’s responsibility to his patient is to determine what is causing an illness or injury. The failure to diagnose can result in severe complications for the patient and may even result in death. A woman recently filed a lawsuit against local hospitals and physicians for her health complications. The woman suffered from compartment syndrome, which results in an intense pressure in the muscles and possibly decreased blood flow. This syndrome can lead to a repressed flow of oxygen to various cells in the body.
The woman’s lawsuit states that doctors at the hospital she went to failed to diagnose her with this syndrome. Because of this, she claims that she now suffers from nerve injuries and is constantly in pain. She states that because of her injuries, her enjoyment of life has lessened and she has incurred lost wages and medical costs. Her claim is that the doctors’ failure to diagnose is what has caused her suffering. The woman is now seeking over $500,000 in damages, plus additional costs.
Typically, a patient in New York can file a claim against a doctor or hospital based on a failure to diagnose if the failure has resulted in a progression of the disease that goes beyond what would have occurred if the disease had been diagnosed in a timely fashion. A misdiagnosis is also a cause for action against a doctor or hospital. Courts will focus on whether a reasonably prudent doctor would have been able to diagnose the condition properly under those circumstances. If the court finds that the doctor was negligent in his failure to diagnose or misdiagnosis, the patient will likely be awarded damages.


Jay W. Dankner

JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.



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