(845) 802-0047A delayed diagnosis occurs when a doctor or other medical professional fails to properly identify an injury, disease, or medical condition. In many cases, identifying and treating a condition at its earliest stages is much easier than after the condition has progressed, which makes a proper identification that much more important.
Your doctor should always take the time necessary to listen to your concerns, evaluate your symptoms, test to determine the presences and extent of an injury or disease and provide the appropriate care and treatment.
However, if a doctor’s negligence and delayed diagnosis has caused a condition or injury to progress or worsen, you may have grounds for a civil suit. An Albany delayed diagnosis lawyer could fight for your right to compensation for your damages, and work to ensure you receive the care and treatment you deserve after a delayed diagnosis. Contact a compassionate medical malpractice attorney today to schedule a consultation.
Delayed Diagnosis Litigation in Albany
In a case based on a delayed diagnosis, the plaintiff must prove that a doctor’s medical treatment deviated or departed from the accepted community standards of medical practice, and that said deviation or departure was the proximate cause of their injuries, as established in Gross v Friedman, 73 NY2d 721, 722-723 [1988].
How Does One Prove a Delayed Diagnosis?
In addition to proving the elements of negligence, NY CPLR § 3012-A (2012) requires that another medical professional examine a person’s case to determine if they have suffered because of a delayed diagnosis.
A delayed diagnosis attorney in Albany may help you prove your case by requesting and reviewing medical charts with medical professionals and experts, in order to prove a doctor failed to properly and timely diagnose a condition.
Scenarios of Delayed Diagnosis Cases
If a doctor delays in making a diagnosis, it could allow a serious medical condition to progress, an untreated injury to cause further damage or a condition to remain improperly treated. Several different scenarios can lead to a delayed diagnosis.
Doctors have an array of diagnostic tests that can identify conditions and establish the extent of an injury. However, a doctor must first order the appropriate tests. Even when a doctor orders the appropriate tests, they must then follow up on any abnormalities that may be present in the tests.
Many people will turn to their family doctor to address their health concerns. A diligent and careful family practitioner should carefully assess a patient’s symptoms and, when appropriate, refer a patient to a specialist who may be better equipped to address and diagnose a condition.
What Kinds of Cancer Can be Affected by Delayed Diagnosis?
An Albany delayed diagnosis lawyer could help those affected by all types of cancer, including:
- Breast cancer
- Bladder cancer
- Cervical cancer
- Lung cancer
- Ovarian cancer
- Prostate cancer
- Skin cancer
If cancer is not detected early, it can spread to other parts of the body, and if left untreated may lead to premature death. Therefore, it could be especially important for a doctor not fail to make a diagnosis.
Consulting an Albany Delayed Diagnosis Attorney
An Albany delayed diagnosis lawyer could discuss your legal options with you, as well as what steps to take to protect your well-being. No one should have to suffer because of a doctor’s delayed diagnosis, but enlisting a delayed diagnosis attorney may help you secure compensation for your financial and emotional hardships. Get started with your claim by seeking the services of legal counsel today.