We absolutely can’t thank you enough.
Powers & Santola was so knowledgeable and caring. I was so very fortunate to find such a great law firm.
New York Medical Malpractice Lawyer Serving Injured Patients with Delayed Cancer Diagnosis Cases
When you are seeking a diagnosis from your primary care physician (PCP), or seeking a diagnosis from a specialist, you should be able to trust that you are receiving an accurate diagnosis. Yet, it is much too common for a patient to receive a misdiagnosis from a doctor, and for that misdiagnosis to result in a delayed cancer diagnosis. Once a patient has a delayed cancer diagnosis, it becomes more difficult and sometimes impossible to treat the cancer. Early detection and diagnosis of cancer is crucial in fighting it. However, because of a delayed diagnosis, the cancer often has spread and, for many patients, has become terminal.
A delayed cancer diagnosis is absolutely devastating. At Powers & Santola, we know how difficult it can be to learn that your trusted healthcare provider has been negligent, and that their error has resulted in a traumatic diagnosis. An experienced Syracuse delayed cancer diagnosis lawyer at our firm can help you to file a claim to seek the financial compensation you deserve and to hold the negligent doctor accountable.
What is a Delayed Cancer Diagnosis in Syracuse?
A delayed cancer diagnosis is exactly what it sounds like: a cancer diagnosis that has been delayed due to a healthcare provider’s error. A delayed cancer diagnosis can result from an initial misdiagnosis or even an error in reading or interpreting imaging studies. In some instances, a doctor or surgeon will misdiagnose the cancer as another disease or condition, and the patient will not receive the appropriate treatment for the cancer.
Statute of Limitations for a Delayed Cancer Diagnosis Claim in Syracuse, NY
Delayed cancer diagnosis claims typically are filed as medical malpractice lawsuits. Under New York’s medical malpractice statute of limitations, a patient usually has 2 years and 6 months from the date of the healthcare provider’s negligent act to file a claim for financial compensation. However, there are notable exceptions, and delayed cancer diagnosis cases often fall into one of those exceptions.
Under New York law, where a medical malpractice claim “is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person know or reasonably should have known of such alleged act or omission . . . or (ii) the date of the last treatment where there is continuous treatment for such injury, illness, or condition.” In other words, a patient with a delayed cancer diagnosis claim may be able to file a claim even though more than 2 years and 6 months have passed from the misdiagnosis since the clock on the claim will start ticking on the date that the patient found out, or should have discovered, the misdiagnosis that resulted in a delayed diagnosis injury.
Even if your claim falls into this exception, it is important to know that a medical malpractice lawsuit cannot be filed more than 7 years from the date of the healthcare provider’s negligence. Accordingly, if you learn that a misdiagnosis resulted in a delayed diagnosis 7 years and 1 day after you received the initial misdiagnosis, you will have a time-barred claim under New York law.
Seek Advice from a Syracuse Delayed Cancer Diagnosis Attorney
Nobody should have to learn about a cancer diagnosis months or even years after they sought a diagnosis from a healthcare provider. However, delayed diagnoses occur much more frequently than they should, and one or more healthcare providers may be liable. While it can be difficult to think about moving forward with a lawsuit when you are struggling with your medical condition and the physical repercussions of the delayed diagnosis, it is critical to hold your negligent healthcare provider accountable and to seek financial compensation to cover your medical bills and to provide for your family.
At Powers & Santola, LLP, we know how devastating and preventable delayed cancer diagnoses can be, and we want to do everything we can to help you win your case. One of the dedicated Syracuse delayed cancer diagnosis attorneys at our firm can speak with you today about your options for filing a claim. Contact Powers & Santola, LLP to learn more about how we can help.
Other Practice Areas
Changing Lives for the Better
When someone injures you, your life gets turned upside down. Suddenly, you may face a ton of medical bills. You may be unable to work or help out around the home. Others may need to care for you around the clock. Nothing is the same.view all practice areas
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.