Schenectady Delayed Cancer Diagnosis Lawyers

Delayed cancer diagnosis claims must be filed within a specific period of time known as the statute of limitations in order for the patient to be eligible for compensation. New York’s statute of limitations for medical malpractice claims is typically two and a half years (or 30 months) from the date that the healthcare provider’s negligence caused the patient’s injury. In the case of a delayed cancer diagnosis, the standard medical malpractice statute of limitations would mean that the patient must file a claim within two and a half years from the date of the misdiagnosis or the failure to diagnose that resulted in the delayed cancer diagnosis.

However, the New York medical malpractice statute of limitations is extended for delayed cancer diagnosis in some situations. In cases of delayed cancer diagnosis, the statute says:

• Where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, the action can be initiated within two and a half years of the later of either
• when the person knows or should have known of the alleged negligent act and knows or should have known that the alleged negligent act has caused injury, provided that the action will be commenced no later than seven years from the alleged negligent act, or
• the date of the last treatment where there is ongoing treatment for the injury, illness or condition.

In other words, the statute of limitations can be extended in cases of delayed cancer diagnosis for up to seven years after the misdiagnosis, or within two and a half years of the date of the patient’s last treatment. Not all delayed cancer diagnoses are eligible for an extended statute of limitations. You should speak with a Schenectady medical malpractice attorney about your case as soon as you can to ensure that you file your case on time.