Failure to Diagnose Legal Cases
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No one wants to get bad news from their doctor, but it is even worse to hear that there was something that your doctor missed. Unfortunately, it isn’t all that uncommon for a doctor to overlook something that ends up being serious.
A failure to diagnose is not usually caused by a doctor’s intent to hide something from you. They tend to appear because of a doctor or medical professional’s carelessness when handling important aspects of your care. However, this carelessness often stems from miscommunication or misunderstanding between a medical team.
How Does a Failure to Diagnose Happen?
If your doctor has recently told you that you have cancer and that they may have missed it in previous tests, you’re probably wondering how that could be possible. As something so serious, it seems like it should be hard to miss.
A failure to diagnose may happen if the radiologist and the primary doctor do not communicate appropriately or effectively. This typically happens if the radiology is outsourced, if the radiograph is misread, or if the doctor does not acknowledge an alert coming from the radiologist.
While none of these events can be considered malicious, they can have serious consequences.
Filing a Medical Malpractice Case
If your doctor has failed to diagnose in a reasonable time, you may be able to file a medical malpractice case against the doctor or medical team. However, before you begin working on your claim, you need to understand the rules and regulations that surround these kinds of cases.
In the state of New York, you will have two-and-a-half years from the date of discovery to file your claim. Keep in mind that the date of discovery is not the same as the date of failure to diagnose.
For additional help understanding whether or not you can file a medical malpractice claim in New York City, you will want to contact an experienced personal injury attorney. Held & Hines, LLP has offices in both Brooklyn and Manhattan, so we can help individuals all over New York City file personal injury claims and get the compensation they deserve.
Contact our office for a free personal injury consultation.
Posted in: Bad Faith Claims, News
