When your doctor misses a diagnosis, the consequences can extend beyond your health. In New York state, medical professionals who fail to properly diagnose conditions face specific legal repercussions under malpractice laws.
What constitutes medical negligence in New York
You might have grounds for a medical malpractice lawsuit if your physician fails to diagnose your condition correctly. New York courts consider several factors in these cases. The doctor must have established a duty of care by formally accepting you as a patient. Their diagnostic process must have fallen below the accepted medical standard of care. Most importantly, this failure must have directly caused you harm.
Medical malpractice attorneys often point to common scenarios that lead to diagnostic failures. These include:
- Overlooking symptoms
- Misinterpreting test results
- Failing to order appropriate tests
- Not referring you to specialists when needed
Examine your situation and assess if you are in one of these scenarios so you can decide if you have been a victim of medical negligence.
Critical timelines and legal procedures
New York law has a strict deadline for filing these cases. You must file within 2.5 years from when the malpractice happened or from the end of ongoing treatment for the same issue. This time limit means you should act quickly if you think there was a diagnostic error.
New York also has special rules about compensation. Unlike other states, New York doesn’t have a cap on economic damages like medical bills or lost income, so claimants can attempt to recover for the full costs of their treatment. There are also no set limits on non-economic damages like pain and suffering. But New York uses comparative negligence rules. This means if you were partly at fault, like missing appointments or not following medical advice, your payment could be reduced.
Building your case and seeking compensation
To prove these cases, the doctors serving as expert witnesses to your case must say that your doctor made a serious mistake and that it caused your injury.
Diagnostic errors can be very costly. A successful claim can help pay for more medical care, lost wages, future treatment and pain and suffering.
If you think there was a diagnostic mistake, talk to a lawyer who is knowledgeable in New York medical malpractice law. They can help you decide if your case meets the legal requirements.
Keep in mind, not all medical errors are malpractice. For your claim to proceed, you must prove that your injuries were the direct result of your doctor’s negligence and failure to diagnose your condition properly.,