New York DVT Misdiagnosis Attorney

Deep Vein Thrombosis (DVT) is a serious medical condition where blood clots form in deep veins, typically in the legs. If untreated due to misdiagnosis or delayed diagnosis, these clots can travel to the lungs, causing a potentially fatal pulmonary embolism (PE).

The Risks of a DVT Misdiagnosis

If Deep Vein Thrombosis (DVT) is not fatal, it can still cause serious and lasting health complications. For example, post-thrombotic syndrome (PTS), which results from damaged vein valves and leads to chronic leg pain, swelling, skin discoloration, and even open sores. Individuals who have experienced DVT are also at higher risk for recurrent blood clots, which can further increase the chance of additional complications. Chronic venous insufficiency (CVI) may also develop, causing varicose veins, fatigue, and circulation problems.

Who Can Be Held Liable for a DVT Misdiagnosis?

When a healthcare provider fails to properly diagnose DVT, and that failure leads to serious injury or complications, they may be held legally liable for medical malpractice. In New York, liability for DVT misdiagnosis depends on whether the provider breached the standard of care—the level of skill and attention a competent medical professional would have used in the same situation. For instance, doctors, emergency room staff, and hospitals may be liable if they:

• Ignore or dismiss symptoms such as leg pain, swelling, or warmth

• Fail to order necessary diagnostic tests, such as ultrasounds or D-dimer blood tests

• Misinterpret test results or delay further evaluation

• Neglect to begin appropriate treatment, such as anticoagulant therapy

If this breach of duty causes the patient to suffer harm—such as a pulmonary embolism, post-thrombotic syndrome, or other serious complications—the provider may be responsible for resulting damages. In some cases, multiple parties may share liability.

Types of Damages Available

Victims of a DVT misdiagnosis may be entitled to several types of compensation under New York law:

• Medical Expenses: Covers past and future treatment, including hospital stays, medications, and therapy.

• Lost Wages: Compensation for missed work and reduced future earning capacity.

• Pain and Suffering: Addresses physical pain and emotional distress caused by complications.

• Loss of Enjoyment of Life: For reduced ability to enjoy normal activities or hobbies.

• Permanent Disability: Includes costs for long-term care, medical devices, and lifestyle adjustments.

• Wrongful Death Damages: In fatal cases, families may recover funeral costs and loss of companionship.

• Punitive Damages: Rare, but possible if the provider acted with extreme negligence.

A medical malpractice attorney can help determine which damages apply and pursue full compensation.

How a Lawyer Can Assist You

An experienced medical malpractice attorney in New York can provide invaluable assistance by:

• Case Evaluation: Assessing the details of your situation to determine the viability of a malpractice claim.

• Gathering Evidence: Collecting medical records, expert testimonies, and other pertinent information to build a strong case.

• Filing the Lawsuit: Ensuring all legal documents are accurately prepared and submitted within New York’s statutory deadlines.

• Negotiating Settlements: Engaging with insurance companies and opposing counsel to reach a fair settlement that covers medical costs, lost income, and other damages.

• Trial Representation: Advocating on your behalf in court if a satisfactory settlement cannot be achieved.

If you or a loved one has suffered due to a DVT misdiagnosis in New York, seeking legal counsel is a critical step toward obtaining the compensation and justice you deserve. Contact an experienced White Plains medical malpractice attorney or Westechester medical malpractice lawyer today to discuss your case and explore your legal options.