Failure To Diagnose


Diagnosis is not an exact science. A particular symptom can be the result of many conditions. Yet there are medical protocols and a scientific process of elimination that should be followed. Failure to diagnose a serious medical condition may constitute medical malpractice if the physician took shortcuts, missed telltale signs, ignored patient complaints, failed to order proper diagnostic testing or perhaps failed to appreciate the results from those tests.

If your loved one died or suffered irreparable harm from a diagnosis error, you should have the knowledge and experience of the compassionate lawyers at The Gucciardo Law Firm. We can evaluate your case to determine if you have a valid and viable cause of action against the doctor or hospital. Our firm has obtained numerous multimillion-dollar malpractice verdicts and settlements for clients across all five boroughs of New York City and Long Island.

We know how to overcome the substantial barriers in medical negligence cases and how to obtain the maximum compensation for you and your family. We thoroughly prepare for trial and take the case to a jury verdict if the defense will not pay the appropriate value of the claim.

“I started practicing in the area of personal injury and medical malpractice to be of assistance to people who needed help, and I have been doing so ever since.” ∼ Charles Gucciardo

Failure To Diagnose Cancer

A delayed diagnosis of cancer can literally be a life-and-death mistake. When malignancies are identified in early stages, the patient may have more treatment options and significantly better odds of surviving. It is not possible to prove that a person would have been cured, but failure to diagnose is compensable as a “loss of a chance” for a cure. In later stages, a cancer patient may be left with drastic, invasive and low-percentage measures or no treatment options other than pain management and hospice care.

We work with medical experts who can examine the medical records, including lab reports and test results, to establish that the cancer should have been diagnosed and treated earlier. We identify the oncologists, radiologists, technicians and other medical professionals who can be sued for the tragic outcome. Our legal team has experience with many types and stages, from undiagnosed skin cancers to breast, lung, bladder, colon and other internal organ cancers.

Failure To Diagnose Life-Threatening Conditions

People come to the emergency room because they are scared and they know something is wrong. It almost defies belief when patients in distress are “parked” in a waiting room or sent home without being diagnosed, and sometimes sent home with symptoms that warranted immediate hospitalization. These types of emergency room malpractice cases often occur on holiday weekends when the senior and most experienced staff are not present to deal with these emergencies.

The Gucciardo Law Firm will bring medical malpractice lawsuits against doctors, surgeons, triage nurses and hospitals when failure to diagnose an acute medical condition results in severe injury or death. This may include failure to diagnose a heart attack, stroke, pulmonary embolism (blood clot), sepsis (blood infection), internal bleeding, brain injury, meningitis, appendicitis and other conditions that should have been identified through proper and careful medical care.

Contact Us For A Free Medical Malpractice Claim Evaluation

We have seen every scenario of negligence: misreading CAT scans or X-rays, failing to order standard tests, failing to admit patients or keep them for observation, misdiagnosis and even failure to inform patients of lab results indicating cancer and other maladies.

Day or night, you can speak with an actual attorney by calling 516-280-7100. Or you can fill out our online form and we will respond promptly. We have convenient office locations in Manhattan and Nassau County (Mineola), or we can make home or hospital visits. The consultation and case evaluation are provided at no charge, and we receive no attorney fees unless we pursue the case and secure an award.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not a guarantee a similar outcome.


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170 Old Country Rd #609, Mineola, NY 11501