Stephen Bilkis
Justice For The Injured! 800.696.9529 Request A Free Consultation

New York Failure to Diagnose Brain Injury Lawyer

Each year millions of patients have seriously injuries or illnesses that medical professionals fail to diagnose. Many of these patients have traumatic brain injuries. A traumatic brain injury is an injury to the brain cause by a violent blow to the head, jolt to the head, or a strike to the head. While a concussion is one of the most common brain injuries, other brain injuries include contusions, hematomas, hemorrhages, and open head injuries. While some brain injuries can be severe, with the victim losing consciousness for hours, days, or longer, there are also mild brain injuries. With mild brain injuries, the symptoms may be subtle. Brain injuries, even mild ones, require immediate medical attention. Without treatment, brain injuries can be life-threatening. If you have a brain injury that was made worse because a medical professional failed to diagnose it, immediately contact a New York failure to diagnose brain injury lawyer, as you may be eligible to receive compensation for the losses you suffered.

Failure to diagnose

Failure to diagnose a condition is a type of medical malpractice that involves a medical professional such as a doctor, failing to recognize that there is a relationship or connection between a set of and a medical condition, and as a result the condition is not treated. However, not ever instance in which a doctor does not immediately properly diagnose a brain injury will be considered medical malpractice. As a New York failure to diagnose a brain injury lawyer will explain, in order to prove medical malpractice the victim must prove that he (or she) and the doctor had a doctor-patient relationship. The victim must also show that the doctor’s mistake was one that a reasonably competent doctor would not have made. In other words, the failure to diagnose must have been negligent. Finally, the victim must prove that as a result of the doctor negligently failing to diagnose your brain injury, you were harmed.

Even with mild brain trauma there are recognizable symptoms such as headache, dizziness, nausea, confusion, buzzing in the ear, change in taste, personality changes, and inappropriate behavior. With moderate or severe brain trauma, the symptoms are much more pronounced such as loss of consciousness for several minutes or longer, vomiting, inability to understand language, and paralysis.

Aside from the symptoms, there are imaging tests that can detect brain damage. A CT scan can quickly show skull fractures, a brain hemorrhage, hematomas, contusions, and swelling. An MRI can create a detailed picture of the brain so that the doctor can see irregularities.

Depending on the severity of the brain injury, if it is not properly diagnosed and treated, the victim may continue to suffer from symptoms without learning coping skills. If a brain injury involves pressure on the brain or bleeding in the brain, without treatment the victim could suffer permanent brain damage or may pass away.

Recovering damages for a pediatric head injury

Because a brain injury is a complicated injury that can lead to a variety of symptoms, if a medical professional fails to diagnose the condition and as a result your condition worsens, you have the legal right to file a medical malpractice lawsuit. As a failure to diagnose a brain injury attorney in New York will explain, compensable damages include medical bills, rehabilitative expenses such as physical therapy and occupational therapy, lost wages, lost of future earning potential attributable to your misdiagnosed brain injury, increased pain and suffering, and decreased lifespan.

Contact the Law Offices of Stephen Bilkis & Associates

If you have a brain injury that you believe worsened because you doctor failed to diagnose it, you may have the right to compensation to cover your medical expenses and other losses you suffered as a result of the medical mistake. However, it is important you are represented by a failure to diagnose a brain injury attorney serving New York who understands both the legal issues involved as well as the medical issues associated with brain injuries. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience winning substantial settlements for injured clients. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.