Failure to Diagnose Heart Attack

Heart attacks happen when blood flow to the heart is impeded. Often, this is due to plaque made up of fat and cholesterol in the arteries to the heart. This can damage part or all of the heart muscle. Knowing that chest pain may mean a heart attack, many people go to the ER to report their symptoms. However, a high percentage do not survive, and failure to diagnose a heart attack is one of the most common reasons for a medical malpractice lawsuit against an ER doctor. If you are harmed due to a Rochester or Syracuse doctor's failure to diagnose a heart attack or another disease like cancer, you may be able to recover damages. DeFrancisco & Falgiatano is made up of skilled Syracuse misdiagnosis lawyers who can evaluate whether you have a case.

Heart attack symptoms include chest pain, fatigue, shortness of breath, shoulder pain, nausea, back pain, fatigue, cold sweats, nausea, and vomiting. Often, ER doctors are presented with some of these symptoms and believe that they are some other condition, such as gallstones, indigestion, heartburn, gastric reflux, a pulled muscle, or a panic attack. The risk of this is especially great for doctors presented with women experiencing heart attacks or younger patients.

Heart attacks are a leading cause of death for both sexes, and failing to diagnose them is a common mistake. A doctor presented with heart attack symptoms who does not ask about the symptoms or order tests that would allow for a diagnosis of a heart attack, such as an echocardiogram, cardiac markers, or a stress test, may be liable for failing to diagnose a heart attack. Sometimes doctors do conduct the right tests but incorrectly interpret the results of an EKG or prescribe improper medication that makes things worse.

Generally, patients treated just before or immediately after a heart attack have a greater chance of survival. Failing to diagnose can result in serious injuries or death for some patients. However, not all errors by doctors are actionable. To establish a medical malpractice claim, you will need to prove that it is more likely than not that there was a doctor-patient relationship in which the health care provider owed a professional standard of care, the provider breached the professional standard of care, and the breach was an actual and legal cause of injuries to the patient.

In New York, an expert must be consulted before a failure to diagnose heart attack lawsuit is filed. Under Rule 3012-a, your attorney will need to file a certificate with the complaint, stating that they have consulted with at least one health care expert licensed to practice and reasonably believe that the expert is knowledgeable about diagnosing heart attacks, and based on the review and consultation, there is a reasonable basis for suing. If an attorney is not able to get the requisite consultation with an expert in time to comply with the filing deadline, they can file it within 90 days after serving the complaint or make a truthful declaration that after making three good-faith efforts with three different doctors, none would agree to the consultation.

The statute of limitations in New York is 2½ years. In most cases, this means that you must consult an attorney and get an expert onboard within 2½ years of the failure to diagnose the heart attack. If we can successfully establish your claim, you may be able to recover compensatory damages, such as lost wages, pain and suffering, mental anguish, loss of consortium, and medical treatment. Certain family members may be entitled to recover for pecuniary losses if a loved one dies due to a doctor's failure to diagnose a heart attack.

If you are injured or a loved one is killed due to a doctor's failure to diagnose a heart attack, our law firm may be able to help you recover damages from responsible parties. Our cardiology malpractice attorneys represent injured patients in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, Lyons, and all of Upstate New York. Call us at 833-200-2000 or contact us via our online form.