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Delayed Cancer Diagnosis
When you visit your doctor with certain symptoms, you should be able to expect that your physician will provide you with an accurate and timely diagnosis. However, in some cases, healthcare providers fail to properly diagnose the condition. In some situations, misdiagnosis can result in a delayed cancer diagnosis. Patients who experience a delayed cancer diagnosis can experience metastasis or metastatic growth. In other words, as the National Cancer Institute explains, the cancer cells can spread to other parts of the patient’s body, making remission less likely. For some patients, a delayed cancer diagnosis leads directly to that patient’s death.
If you or someone you love experienced a misdiagnosis or delayed cancer diagnosis, it is important to seek help from a Schenectady delayed cancer diagnosis lawyer. An advocate at Powers & Santola can speak with you today about your options for seeking compensation.
What is a
Delayed Cancer Diagnosis?
A delayed cancer diagnosis is a form of medical malpractice or medical negligence. A delayed cancer diagnosis occurs when a patient has cancer but is not diagnosed in a timely manner. The failure to diagnose in a timely manner, preventing that patient from seeking quick treatment, can occur as a result of many different medical mistakes. For example, a delayed cancer diagnosis may occur because of one of the following:
- Doctor misdiagnoses the patient’s cancer as another disease or illness that requires a different course of treatment (or no treatment at all);
- Doctor fails to order diagnostic tests;
- Laboratory delays completing diagnostic tests; or
- Laboratory error providing results on a diagnostic test.
There are many different kinds of situations in which a delayed cancer diagnosis can occur, and more than one party may be responsible. Some situations, for instance, may involve a doctor making a diagnostic error and a laboratory making a mistake, resulting in both parties bearing responsibility for the patient’s injuries.
In most cases, a delayed cancer diagnosis means that the patient’s cancer grows or spreads, thereby worsening his or her condition. Had the patient received a timely diagnosis, she likely would have had a better prognosis.
Statute of Limitations
for a Delayed Cancer Diagnosis Lawsuit
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.
Seek Advice from a
Delayed Cancer Diagnosis Lawyer
Did your cancer spread as a result of a delayed cancer diagnosis? Did you lose someone you love to cancer due to a healthcare provider’s failure to give a timely cancer diagnosis? You may be able to file a medical malpractice lawsuit. An experienced and compassionate Schenectady delayed cancer diagnosis attorney can discuss your options with you today for seeking financial compensation. Contact Powers & Santola, LLP to learn more about the services we provide to injured patients in New York.
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