Dealing With A Pre-Existing Condition & Medical Malpractice

How many times have I heard, “Should I tell them about my pre-existing condition? Will it hurt my case?”

A client has an obligation to share any information that is pertinent to his or her case – it’s never wise to hide anything about your medical history from the other side. In addition, a pre-existing condition that is aggravated may mean more compensation than if you were completely healthy before the incident took place.

A pre-existing condition is basically a health condition or some form of disability that you may have had prior to the incident that caused you to file a medical malpractice lawsuit.

Courts apply different rules when dealing with a pre-existing condition that was worsened by medical malpractice. For example – let’s assume you had breathing problems and were taken to the emergency room. What would happen if the attending physician failed to identify your condition and you suffered a collapsed lung?

If you a file a medical malpractice suit against the doctor, the court will consider whether you would have suffered the collapsed lung even if it had been properly diagnosed and you received the correct treatment.


What your attorney needs to do is prove that the failure to diagnose your pre-existing condition aggravated your present condition. If this can be done, you will be able to recover damages for your injuries. However, if the defendant proves otherwise, you may not be able to recover damages.

Medical malpractice may be defined as a failure by a medical professional to provide a standard level of care to a patient. It may occur if a doctor fails to notice an important symptom, serious illness or pre-existing condition.

You, as a patient, have the right to receive proper treatment for your medical conditions – whatever they may be. Every medical malpractice case is different. It is important to have an attorney who has both the experience and track record to represent your case.

Contact the experienced personal injury attorneys at the law offices of Maggiano, DiGirolamo & Lizzi. Put a lawyer with experience to work for you if you have been injured by the fault of a physician, hospital employee or other medical personnel.

After reviewing the details of your case, we can provide you with sound advice and how to move forward. Call us today; we are committed to obtain justice for victims of medical malpractice and wrongful death.

We have offices in the Ft. Lee, New Jersey and New York City areas.