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While there are plenty of different reasons that medical professionals can be sued for malpractice, a study published in October 2013 by Brigham and Women’s Hospital found that the most common malpractice accusation had to do with missed diagnoses. The study’s leader, Dr. Gordon Schiff, examined 550 malpractice lawsuits from 2005 to 2009, all based in Massachusetts, and found that 190 of the lawsuits dealt with a cancer misdiagnosis, and an additional 108 claims said that a doctor missed either heart disease, blood vessel diseases, infections, or strokes.

How is Misdiagnosis Considered Malpractice?

Malpractice is defined as something that happens when a doctor’s negligence causes injury to a patient. When a doctor’s diagnosis leads to incorrect treatment, delayed treatment, or no treatment at all, a patient’s condition can worsen significantly. If the condition is serious enough, the misdiagnosis can cause the patient’s death. For example, if cancer is not diagnosed as early as possible, it could spread and become untreatable.  In order for malpractice to be proven, it must be shown that a doctor-patient relationship existed, and that the doctor was negligent in some way and did not provide skillful or competent treatment. Finally, it must be proven that the negligence was what caused the patient’s injury or condition.

What Can You Do?

If you or someone you love has been involved in a case that you think counts as malpractice, you should contact a lawyer. Malpractice cases often hinge on proving that the doctor was negligent, so just because a diagnosis was missed or incorrectly given, that does not necessarily mean that the doctor was being negligent. A medical malpractice lawyer will have the experience necessary to examine all aspects of your situation to potentially build a case. Keep as detailed of an account as you can about the case, including all of the care you received from the physician you are claiming malpractice against. The more details you have, the stronger a potential case can be.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

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    - Cheryl Wagemann
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