Delayed Diagnosis Attorney in NYC
Delayed diagnosis can be a form of medical malpractice. If you received a delayed medical diagnosis, the impact of your disease can become much greater than it would have been otherwise. You may be entitled to compensation for pain and suffering, loss of enjoyment of life, and medical expenses. Discussing your situation with an attorney is in your best interest. If you believe you have a delayed diagnosis case, please contact Mark L. Bodner, P.C. for a free consultation.
The impact of a delayed diagnosis
As stated in a 2006 article in The New York Times, “misdiagnosis is killing thousands of Americans each year.” In fact, “studies of autopsies have shown that doctors seriously misdiagnose fatal illnesses about 20 percent of the time.” Even more shocking is that this rate “has not really changed since the 1930s,” despite the advances available to modern medicine.
Failure to diagnose a disease in a timely manner can make the difference between life and death. When an illness is not treated promptly and correctly, it may progress to an untreatable, unmanageable stage, leading to death. A failed, delayed, or inaccurate diagnosis acts like a snowball moving down a mountain, gathering speed and volume. The success of treatment options and survival chances are directly related to detecting a disease at the earliest possible stage, making screening tests and recognition of early warning signs critical for patient survival. Failure to diagnose leaves a patient at the mercy of the disease.
What can lead to a delayed diagnosis?
Failure to order x-rays, CAT scans, MRIs, mammograms, ultrasounds, laboratory blood work, or to improperly interpret and report results all contribute to a failure to diagnose. Failure to perform basic screening tests and examinations that are standard practice within the medical community is also considered failure to diagnose. Any of these steps along the way can result in worsening of a treatable medical condition, leading to premature and unnecessary death.
How long do I have to file a delayed diagnosis claim in New York?
Generally, 2 ½ years from the act or omission, or from the end of continuous treatment for the same condition, under C.P.L.R. § 214-a. A delayed cancer diagnosis is treated differently. Under Lavern’s Law, the clock runs from the date you discovered the missed diagnosis, but no later than 7 years from the negligent act. Public hospital claims are far shorter and usually require notice within 90 days.
Contact Mark L. Bodner, P.C.
Mark L. Bodner, P.C. is a New York City medical malpractice law firm that has successfully represented many victims and families forced to deal with the impact of cases involving failure to diagnose, delayed diagnosis, and incorrect diagnosis. Our firm is familiar with the special issues and complexities that are involved in this area of the law and draws on its extensive experience in medical malpractice to represent our clients in and out of the courtroom. If you or someone you love is suffering from the effects of a failure to diagnose, contact Mark L. Bodner, P.C.