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Misdiagnosis

Medical Misdiagnosis Attorney Queens County

Honest Guidance After a Missed or Wrong Diagnosis

If you believe a missed, delayed, or wrong diagnosis caused serious harm to you or someone you love, you may feel overwhelmed and unsure where to turn. As a medical misdiagnosis attorney, Queens County patients and families come to me for answers. I help you understand what really happened and whether New York law was violated. You should not have to navigate complex medical records and legal standards alone while coping with ongoing health problems.

I am David Kates, a Queens medical malpractice attorney with more than 20 years of practice representing patients and families harmed by negligent medical care. Over the years, I have recovered millions of dollars for people whose lives were changed by avoidable medical errors, including diagnostic mistakes. I personally handle every case from our first conversation through resolution, and I offer a free and confidential consultation so you can discuss your concerns without pressure.

Don’t guess, get answers. Call (718) 866-3664 or send us a message to speak with David Kates, our Queens County medical misdiagnosis attorney, for a free, confidential consultation and a clear review of what went wrong.

How Misdiagnosis Harms Patients & Families

When a doctor gets a diagnosis wrong, the impact is usually much more than a temporary delay. A misdiagnosis can allow a serious condition to progress, close the window for effective treatment, or send you down the wrong path with unnecessary drugs, procedures, or even surgery. For many families in Queens, the result is not only physical harm, but also months or years of uncertainty, financial strain, and emotional pain.

Misdiagnosis can take several forms. A provider might ignore clear symptoms, fail to order appropriate tests, misread imaging or lab results, or attribute everything to a minor issue when something far more serious is developing. In other situations, a doctor may diagnose one condition and begin treatment, only for another provider to later discover a different, more accurate diagnosis that should have been made earlier.

Beyond the medical consequences, diagnostic errors can severely affect your daily life. You may lose time from work, face mounting medical bills, or find yourself caring for a loved one who now needs long term support. Many people also struggle with self-doubt, wondering if they should have pushed harder for answers. It is important to understand that patients are not expected to know what tests should be ordered or how to interpret results. That responsibility belongs to trained medical professionals, and when they fail to act reasonably, the law may provide a remedy.

Do You Have a Misdiagnosis Case in Queens County

Legal Standards In New York Misdiagnosis Claims

Not every bad outcome is malpractice, and not every change in diagnosis means that a provider was negligent. Under New York law, a viable misdiagnosis claim generally requires proof that a medical professional failed to act as a reasonably careful provider would have acted, and that this failure directly caused significant harm. Sorting out whether your experience meets that standard requires careful review of the facts.

Warning Signs Of A Potential Misdiagnosis Claim

Certain patterns can suggest that a misdiagnosis may rise to the level of malpractice. These can include repeated dismissal of serious symptoms, failure to order tests that are commonly used for your complaints, ignoring abnormal lab or imaging results, misreading studies that other providers later interpret differently, or not referring you to an appropriate specialist when your condition called for it. Situations where a cancer, heart problem, stroke, or serious infection was missed or discovered much later than it should have been are common examples of diagnostic cases that may deserve close legal evaluation.

Timing & Deadlines For Queens Misdiagnosis Cases

Timing is also important. New York has specific statutes of limitation that set deadlines for filing medical malpractice lawsuits, and those rules can be especially complicated in misdiagnosis cases where the error may not surface right away. Which deadline applies often depends on when the negligence occurred, when treatment ended, and when the harm was discovered. Because these rules can be strict, it is wise to speak with an attorney familiar with Queens County cases as soon as you suspect that a diagnostic error may have played a role in your outcome.

During a consultation, I look closely at your medical story, your records, and the timeline of events. My goal is to give you a straightforward opinion about whether the facts suggest a potential misdiagnosis claim under New York law, and what next steps make sense for you.

How I Investigate Suspected Misdiagnosis In Queens

Listening To Your Story

When you contact me about a possible misdiagnosis, I start by listening. I want to hear your experience in your own words, including what symptoms you reported, what your providers said, and how things unfolded over time. This conversation is confidential, and it helps me understand not only the medical issues, but also how the situation has affected your life and your family.

Reviewing Records & Medical Evidence

After our initial discussion, I typically obtain and review the relevant medical records. These often include office notes, emergency department records, test orders, lab results, imaging reports, and hospital charts from facilities in Queens and throughout New York City. I compare what was documented and done with what reasonably should have been done for a patient in your position at that point in time.

Working With Appropriate Medical Professionals

In many cases, a thorough investigation also involves working with appropriate medical professionals who can help evaluate the standard of care and the link between the error and the harm you suffered. Their input, combined with my more than 20 years of experience handling medical malpractice matters, helps clarify whether the evidence supports moving forward with a claim. Over two decades of studying medical issues and litigating complex malpractice cases has taught me what details to look for, where important information is often buried in records, and how to present those facts clearly if a lawsuit is filed.

Throughout this process, I remain your point of contact. I keep you updated on what I am seeing in the records, explain medical terminology in plain English, and answer questions as they come up. My goal is to remove as much confusion as possible so you can make informed choices about how to proceed.

Why Patients Choose Me For Misdiagnosis Cases

Personal Attention On Every Case

Choosing a lawyer after a serious medical error is not only about legal skill. It is also about trust, communication, and knowing that your case will not get lost in a file cabinet. I personally handle every misdiagnosis claim that I accept, which means you work directly with me from our first meeting until your case is resolved. Clients appreciate knowing who is reviewing their records, who is making strategic decisions, and who will stand beside them in negotiations or in court.

Proven Results In Complex Medical Malpractice Matters

Over more than 20 years, I have represented patients and families in a wide range of medical malpractice cases and have recovered millions of dollars in settlements and verdicts. Those results reflect careful preparation, detailed understanding of complex medical issues, and persistent advocacy for people who have already been through too much. While no past case can predict the outcome of a new one, this history shows that I am comfortable handling significant claims and presenting them effectively.

Local Insight Into Queens Healthcare & Courts

As a native New Yorker, I know how busy hospitals and clinics in Queens operate and how cases move through the New York state courts that serve this borough. That local perspective matters when evaluating where a claim belongs, understanding how juries may view certain issues, and anticipating how defense lawyers and insurance companies are likely to respond. Equally important, I put a high value on communication. I take the time to explain your options, outline the possible risks and benefits of each path, and answer your questions directly so you never feel left in the dark.

What Compensation Can A Misdiagnosis Claim Provide

Types Of Damages In Misdiagnosis Claims

Many people come to me because a misdiagnosis has left them facing mounting medical bills, an uncertain future, and a reduced ability to work or care for their families. A medical malpractice claim cannot undo what happened, but it can provide financial support that helps you move forward. In New York, damages in a misdiagnosis case may include past and future medical expenses, rehabilitation and home care costs, lost wages, reduced earning capacity, and compensation for pain, suffering, and loss of enjoyment of life.

Claims After A Death From Misdiagnosis

In situations where a misdiagnosis contributed to a death, certain family members may be able to pursue claims related to the financial and emotional impact of that loss under New York’s wrongful death and survival laws. These matters are especially sensitive, and part of my role is to walk you through what types of claims might apply in your specific circumstances and how they work.

What Affects The Value Of A Case

The potential value of any case depends on several factors, including the nature of the medical error, the strength of the evidence, the severity and permanence of the harm, and how the injury affects your daily life and future. No attorney can promise a particular result, and I do not believe in making guarantees. What I can do is draw on my experience and on past cases where I have helped clients secure meaningful financial recoveries, then offer you a candid assessment of the strengths and challenges of your case after I have reviewed the details.

What To Do If You Suspect A Misdiagnosis

Protecting Your Health

Discovering that your diagnosis may have been wrong is frightening, and your first priority should always be your health. If you believe a condition was missed or misdiagnosed, it is often wise to seek prompt medical attention from a qualified provider who can reassess your symptoms. This may involve returning to a hospital in Queens, visiting a different clinic, or consulting with an appropriate specialist who can review your records and, if needed, order additional tests.

Preserving Records & Legal Options

At the same time, there are practical steps you can take to protect your legal rights. You may find it helpful to request copies of your medical records, test results, and imaging from the providers and facilities that treated you. Keeping your own notes about what was said, what symptoms you reported, and when key events occurred can also be valuable later. If an insurance company or hospital representative contacts you, be cautious about signing forms or giving detailed statements before you have had a chance to speak with a lawyer.

Because New York’s deadlines for filing malpractice claims can be strict, speaking with a misdiagnosis attorney Queens County residents can reach easily is often an important step. I offer free and confidential consultations to review your situation, answer your questions, and explain what options may exist. Whether or not you decide to move forward, my goal is to give you clearer information than you had before you called.

Frequently Asked Questions

How do I know if my misdiagnosis was malpractice

A change in diagnosis alone does not automatically mean there was malpractice. To qualify as medical negligence under New York law, there generally must be proof that a provider did not act as a reasonably careful professional would have acted under similar circumstances, and that this failure directly caused significant harm. In misdiagnosis cases, that often means looking at whether appropriate tests were ordered, whether results were followed up, how symptoms were evaluated, and how quickly the correct diagnosis was eventually made.

During a consultation, I review your story, your medical records, and the timeline to see whether there are signs that accepted diagnostic standards were not followed. I then explain my impressions in plain language so you understand not only my opinion, but also why I reached it. Because every case is different, the best way to answer this question for your situation is to have a detailed, confidential discussion about what happened.

What will happen during my first consultation with you

Your first consultation is a conversation, not an interrogation. I start by asking you to describe what led you to seek care, which providers you saw, what you were told, and how things changed over time. If you already have records or test results, we can discuss those, but it is also fine to contact me before you have gathered documents.

I will ask questions to clarify the timeline and the ways the suspected misdiagnosis has affected your health, work, and family. I then share my initial thoughts about whether the facts suggest a possible malpractice claim and what additional information I would need. The consultation is free and confidential, and there is no obligation to hire me or to move forward with a case. My goal is to give you a clearer understanding of your options and to answer as many of your questions as I can.

Do I have to pay anything upfront for a misdiagnosis case

I offer free initial consultations for people who want to discuss a possible misdiagnosis claim. In medical malpractice cases, attorneys in New York often use a contingency fee structure, which typically means that legal fees are collected as a percentage of any recovery rather than being paid upfront. There can also be case expenses related to obtaining records, court filings, and medical reviews.

When we speak, I explain how fees and costs work in this type of case and how they would apply to your specific situation. I believe you should understand the financial side of the process before making any decisions. If you choose to move forward, we review a written agreement together so you know what to expect.

How long do misdiagnosis cases in New York usually take

Misdiagnosis cases can take time, often measured in years rather than months. The length of a case typically depends on factors such as the complexity of the medical issues, the number of providers involved, the amount of evidence that must be collected, and how strongly the defendants contest liability and damages. Court schedules in the New York state system, including those serving Queens County, also influence timelines.

Some cases resolve through settlement before trial, while others proceed all the way to a jury verdict. During our discussions, I provide a general sense of how long cases with similar features often take, and I keep you updated as your case progresses. One of my responsibilities is to manage the legal work and deadlines so that you can focus as much as possible on your health and your family.

What if the hospital in Queens says they did nothing wrong

Hospitals and insurance companies often deny that any negligence occurred, even when a patient has suffered severe harm. A denial from a provider is not the final word on whether malpractice took place. My job is to conduct an independent review of the records and other evidence to see whether the care met accepted standards and whether a misdiagnosis caused avoidable injury.

That process can involve detailed analysis of charts and test results, comparison with established diagnostic guidelines, and consultation with appropriate medical professionals. My familiarity with how busy facilities in Queens document and defend their care helps me identify gaps or inconsistencies that may support a claim. If the evidence supports moving forward, I am prepared to challenge the positions taken by hospitals and their insurers on your behalf.

Can you help if a misdiagnosis led to a family member’s death

When a misdiagnosis contributes to a death, the legal and emotional issues become even more complex. In many situations, certain family members can pursue claims under New York’s wrongful death and related statutes to address the financial impact of the loss and, in some circumstances, the suffering experienced before death. Whether such claims are available depends on the facts, including the relationship to the deceased person and the details of the medical care.

I have handled serious malpractice cases involving fatal outcomes, and I understand how difficult these conversations are for families. If you choose to speak with me, we will go through the medical history and the legal options at a pace that feels manageable. My role is to explain what the law allows, outline possible paths forward, and help you decide whether pursuing a claim is the right step for your family.

How involved will I have to be in the legal process

Most clients worry about how much time and emotional energy a malpractice case will require. You should expect to be involved at certain key points, such as providing information, reviewing documents, and, in some cases, giving testimony about your experience. However, a significant part of my job is to handle the legal details, communications, and deadlines on your behalf.

From the beginning, I explain what participation is likely to be needed and when. I prepare you for each step so that you know what to expect and why it matters. Many clients tell me that once they understand the process and know that I am managing the day-to-day litigation work, the case feels more manageable than they feared.

Talk With A Misdiagnosis Lawyer In Queens County Today

If you suspect that a missed or wrong diagnosis changed the course of your life or the life of someone you love, you do not have to sort through the medical and legal questions on your own. As a misdiagnosis lawyer Queens County residents can turn to for personal attention, I bring more than 20 years of medical malpractice experience, a history of significant recoveries, and a hands-on approach to every case I accept.

I personally review your records, explain what I see, and guide you through each stage of the process if we move forward together. Your first consultation is free and confidential, and there are no upfront costs to speak with me about a potential claim. Taking that first step can provide clarity and a plan at a time when both are badly needed.

To discuss a possible misdiagnosis case and learn about your options, call (718) 866-3664 or contact Law Office of David A. Kates, PLLC today.

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