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Failure to Conduct Testing

Lawyers Representing Victims of Medical Malpractice in Syracuse, and in Rochester, and Upstate New York

People often entrust their health to their doctors, with the expectation that they will receive the care they need. Diagnostic testing is a critical component of this care, as it aids in identifying illnesses and preventing potential harm. It is not uncommon for physicians to fail to conduct necessary tests at the right time, however, and such oversights often result in significant patient losses. If you or a loved one has suffered harm due to a healthcare provider's failure to conduct diagnostic testing, it is important to speak to an attorney regarding your rights and the legal recourse available to you. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are well-versed in what it takes to demonstrate negligent healthcare providers should be held accountable for the harm they cause, and if we represent you, we will tirelessly pursue a favorable outcome. We often represent people in medical malpractice claims in Syracuse, where our primary office is located, and in Rochester and other cities in Upstate New York.

The Importance of Diagnostic Testing

Diagnostic tests are instrumental in early disease detection and often reveal conditions in the initial stages when treatment is most effective. For example, when cancer screening tests like colonoscopies and mammograms are performed as they should be, they can detect cancers in their earliest forms, often before symptoms appear. This early detection significantly improves treatment outcomes and increases the likelihood of a full recovery. Moreover, diagnostic tests can catch conditions that may be asymptomatic but are nonetheless life-threatening if left untreated.

Diagnostic tests are also essential for assessing acute medical situations. When patients present with issues like chest pain or breathing difficulties, doctors rely on tests like angiograms, CT scans, MRIs, or X-rays to make prompt and accurate diagnoses. Failing to order such tests in these cases can have dire consequences.

Establishing Liability for the Failure to Conduct Diagnostic Testing

A doctor’s failure to conduct diagnostic testing often causes significant physical, emotional, and financial losses. As such, people harmed by such oversights will often seek redress via medical malpractice claims. In most instances, a plaintiff pursuing a medical malpractice lawsuit against a doctor will set forth a negligence claim.

To establish negligence under New York law, the plaintiff first needs to prove that the defendant owed the plaintiff a duty. In most instances, the duty owed is to uphold the standard of care, which refers to the level of care that a skilled healthcare professional in the same specialty would provide in a similar situation.

The plaintiff must then demonstrate that the healthcare provider's actions, or lack thereof, deviated from the established standard of care and, therefore, constitute a breach of the duty owed. In other words, they must show that the provider did not meet the expectations of their profession. In the context of diagnostic testing, this typically involves proving that the provider should have ordered certain tests based on the patient's condition and medical history but failed to do so.

Next, the plaintiff needs to establish causation and damages. In other words, they have to show that they sustained measurable harm and that their losses would not occurred if the defendant adhered to the standard of care.

Expert testimony is essential in most medical malpractice cases as it helps judges and juries, who generally lack medical backgrounds, comprehend complicated medical issues. Specifically, expert witnesses clarify the standard of care, demonstrate how the provider breached it, and establish the connection between the breach and the harm suffered by the plaintiff. Usually, a person must possess training or experience in the same practice area as the defendant to be qualified to testify as an expert witness.

Meet with a Trusted Attorney Helping Parties Hurt by Medical Malpractice in Syracuse, Rochester, and Upstate New York

Diagnostic testing is a cornerstone of healthcare, and when it is not performed in a timely or appropriate manner, it can lead to devastating harm. If you suffered losses due to a doctor’s failure to conduct diagnostic testing, it is smart to meet with an attorney to assess your options. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer take pride in helping victims of negligent healthcare providers seek the justice they deserve, and if you engage our services, we will craft persuasive arguments on your behalf. We regularly aid parties in medical malpractice lawsuits in Syracuse, where our main office is located, and in Rochester and other cities throughout Upstate New York. You can contact us through our form online or by calling to set up a free and confidential conference.

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Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
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