If your doctor failed to order a medical test, which directly impacted your health, you may be wondering if this is considered malpractice. It isn’t uncommon for severe health issues to go unnoticed if doctors fail to order the right tests. But not every situation where a doctor doesn’t order the right testing will meet the qualifications of medical negligence. So, keep reading to find out whether failure to order diagnostic testing qualifies as medical malpractice in NY.
When Should a Healthcare Provider Order Diagnostic Testing?
In most cases, your doctor should order diagnostic testing if this is something you wish to pursue due to a medical concern. However, the more technical rule is that healthcare providers should order testing when the results will directly impact the patient’s treatment.
Doctors should also order testing if they require further clarification for an uncertain diagnosis or they need to monitor the patient’s ongoing health condition. Additionally, depending on the patient, a doctor may need to order testing to screen for health risks.
Here are some examples of potentially important diagnostic tests:
- Blood testing
- X-rays
- CT scans
- Biopsies
- Cardiac testing
- MRIs
- Cancer screenings
Keep in mind that medical professionals are required to maintain healthcare regulations that stipulate that testing must be reasonable and necessary.
When Failure to Order a Test May Constitute Malpractice
New York has very specific requirements for what qualifies as medical malpractice and what doesn’t. Because of this, not every situation where your doctor doesn’t order testing will qualify.
However, you may have a malpractice case if:
- Your doctor overlooked the warning signs of a medical problem.
- Your symptoms were concerning enough to require testing.
- You requested a reasonable and appropriate test.
- You experienced a harmful delay in diagnosis or treatment because your doctor didn’t order medical tests.
If any of these scenarios apply to your situation, you should get in touch with a medical practice lawyer in New York , as they can help you proceed with your case.
Proving the Failure Caused Harm
To prove medical malpractice, you have to show that your doctor breached the standard of care and didn’t perform their duties as would have been expected. That is the first element of proving medical malpractice.
Secondly, you must establish that you experienced harm. For example, you may need to establish what timely testing would have diagnosed and how the delay led to the worsening of your symptoms. You also need to provide evidence that distinguishes between legitimate negligence and an unavoidable medical outcome.
Expert testimony is also incredibly important in medical malpractice cases, as it adds credibility to all of the evidence you provide.
Get In Touch With a Medical Malpractice Lawyer in New York
Many serious health conditions and injuries require extensive medical testing to reach a diagnosis. So, if your doctor fails to order these tests, you may want to file a medical malpractice lawsuit.
However, before you do this, you need to get the help of a medical malpractice lawyer in New York who can help you build a strong claim so that you get the compensation you deserve.
If you’re ready to move forward with your diagnostic error lawsuit, contact us today at Gash & Associates, P.C., in New York, at 914-328-8800 for a free consultation.
