Over the years, KDLM’s New York medical malpractice lawyers have handled hundreds of medical negligence cases, including those for Failure to Diagnose cases. In a Failure to Diagnose case, the doctor or medical professional has misdiagnosed or failed to diagnose the patient’s illness or injury in a timely fashion. 

It is important to note that in Failure to Diagnose cases, the Plaintiff and their attorney must be able to prove there was improper care, delayed care, or no care that resulted in a worsening of the patient’s condition or even the patient’s death.  

There are many reasons a doctor or medical professional could misdiagnose or not diagnose the patient’s condition or illness. Some of the most common include:

  • Not listening carefully to a patient
  • Not conducting a full physical examination
  • Failing to identify or elicit pertinent symptoms
  • Failure to order an important test
  • Misreading a CT, MRI, X-ray, or blood test
  • Not putting together the pieces that would point to a certain diagnosis

At KDLM, when we represent a Failure to Diagnose case, our New York attorneys diligently work through a thorough investigation of the details to prepare for a trial or an appeal, regardless of the size of the opponent. Hence, we have won hundreds of verdicts over $1 million for clients and have negotiated settlements in excess of $1 billion on behalf of clients. 

Here is a recap of some of our most successful Failure to Diagnose case verdicts and settlements

$7,000,000: A Queens County action for the injuries and wrongful death of a 33-year-old husband and father of one as a result of failure to diagnose and treat postoperative bleeding following laparoscopic appendectomy.

$4,600,000: A New York County action for injuries and wrongful death of a 5-year-old child as the result of a failure to diagnose and treat meningitis.

$3,600,000: A New York County action for the injuries and wrongful death of a 65-year-old man with endocarditis as a result of failure to diagnose and properly treat gout, resulting in multiple complications of incision and drainage of the right knee as well as thromboembolism.

$3,300,000: For injuries and wrongful death of 59-year-old wife and mother of two following a craniotomy to remove meningioma as a result of failure to diagnose and treat deep vein thrombosis and bilateral pulmonary thromboembolism.

$3,000,000: A Nassau County action for injuries sustained by a 39-year-old man from a failure to diagnose and treat acute pancreatitis thrombotic thrombocytopenic purpura and hemolytic uremic syndrome (TTP-HUS), which resulted in hypovolemic shock, cardiac arrest and eventually premature death.

$2,800,000: For a woman from upstate New York (Buffalo) who suffered cauda equina syndrome as a result of failure to diagnose and treat a fractured sacrum.

We pride ourselves on our extraordinary success rate for our clients. However, we are not appropriate for many types of legal problems. If you have suffered from a catastrophic, life-altering failure to diagnose event, please read our FAQs first, then call us at (212) 267-4177 to discuss your problems and concerns. We will help guide you to legal representation that makes sense for you.