Failures To Diagnose Lawyers Fighting Against Negligence Resulting In Severe Illness Or Injury
Are you coping with a life-threatening illness or other serious health condition that a doctor should have diagnosed far sooner than he or she did? Did that misdiagnosis or diagnostic failure allow cancer, stroke or some other major issue to progress without treatment? Would timely, proper treatment have saved you significant pain and suffering – or even saved the life of your family member?
At Meagher & Meagher, P.C. in White Plains, New York, we take decisive legal action for victims of medical malpractice in an era when many other lawyers avoid this complex area of law. In fact, our principal trial lawyer Christopher B. Meagher has obtained numerous substantial verdicts and settlements for our clients at trial and on appeal. To cite just one groundbreaking verdict, we represented a client awarded $47.95 million against multiple defendants found responsible for the failure to diagnose a spinal tumor.
We Will Rigorously Assess What Happened And Your Legal Options After A Medical Mistake
Establishing that a diagnostic failure was due to negligence requires rigorous investigation and analysis of all relevant circumstances. Further, we must establish that a successful diagnosis and timely treatment would have likely produced a more positive outcome. Over the course of three-plus decades, we have built a network of physicians and other expert resources instrumental for meeting these legal criteria. Our medical malpractice attorneys understand what’s at stake.
Act Now Before The Statute Of Limitations Expires
Time is of the essence in medical malpractice cases, and New York Civil Practice Law & Rules (CVP) §214-A states that victims have two years and six months from the date of the injury to file a claim.
Exceptions To The Statute Of Limitations
Medical malpractice cases can be complex, and there are several exceptions to the statute of limitations. For example, in malpractice cases related to foreign objects found after surgery, the clock does not start running from the date of the surgery. Instead, the clock starts running once the foreign object has been discovered by the patient. Upon discovery, the patient has one year to file a medical malpractice claim.
The statute of limitations also differs when it comes to child victims. Child victims of medical errors can file 10 years from the date of the incident or up until the victim reaches 20.5 years of age, whichever comes first.
Other exceptions to the statute of limitations include:
- In the event of wrongful death. Claims must be filed within two years of the death.
- Continues treatment. If the malpractice occurred during continuous treatment, then a 30-month clock starts running from the date of the last treatment.
In cases where a proper diagnosis was never obtained, the statute of limitations may be affected by the date that the correct diagnosis was received. A failure to diagnose lawyer can help you learn more.
What To Look For If You Suspect A Failure To Diagnose
Your healthcare provider may have missed something when health issues persist or worsen. The consequences can affect the rest of your life, so it is critical to recognize a missed diagnosis.
These signs might point to medical negligence:
- Persistent or worsening symptoms after treatment could be a failure to identify your condition. If the treatments prescribed are not improving your situation, it could be a sign they are treating the wrong condition. If the initial proper diagnosis was not made, you are not receiving proper treatment.
- Changes in your diagnosis after seeking a second opinion may reveal diagnostic failures. When another physician identifies a condition your original doctor missed, it may indicate a breach in the standard of care.
- Documentation discrepancies can also suggest diagnostic failures. Medical records showing that symptoms were reported but not investigated. Or recommended tests were not ordered despite clear indications. These omissions could constitute medical negligence.
- Delayed treatment for serious medical conditions like cancer, heart disease or stroke can have devastating consequences. When diagnostic failures allow these conditions to progress untreated, patients often face extended recovery periods. Sometimes, irreversible damage occurs that proper early intervention could have prevented.
- A lack of appropriate follow-up after inconclusive test results might indicate negligence. When test results are unclear, responsible practitioners order more testing.
- If you have experienced unusual difficulty getting your doctor to take your symptoms seriously, this dismissive approach could indicate negligent care. Under the law, healthcare providers must thoroughly investigate patient complaints. Attributing them to anxiety, stress or minor ailments without proper evaluation is negligent.
Signs may indicate a failure to diagnose, but a legal investigation can determine negligence. A medical malpractice lawsuit must demonstrate that the diagnostic failure deviated from accepted standards of care.
Acting promptly is always the starting point of getting justice in any legal matter. This is because time limitations may affect your right to seek compensation. Our premier credentials mean we have the required experience, knowledge and resources to thoroughly investigate diagnostic failures. Together we will determine whether legal action is warranted.
Why Start Your Claim As Soon As Possible?
It is only natural that your focus may be on recovery from your health conditions. Two years and six months sounds like a long time, but it really isn’t. This time can elapse quickly, and with that, your eligibility for compensation may also elapse.
Filing a claim as soon as possible means that you can gain access to compensation sooner. It also means that evidence can be preserved and presented in full detail to the court. It’s not uncommon for paperwork to get mixed up or lost over the course of two years, and this could jeopardize your claim.
Call 914-246-2958 For Trial-Proven Counsel
If you or your family member had a serious medical problem and did not get an accurate diagnosis enabling proper treatment, we want to know about it at Meagher & Meagher, P.C.. Our attorneys know what questions to ask initially. If you have a valid claim worth pursuing, we will build your case for trial if needed. For medical malpractice guidance and representation you can trust, beginning with a free case evaluation, please contact us by telephone or email.