A failure to diagnose cancer in early stages may limit your options for treatment, or allow the disease to progress to a deadlier stage. When abnormal cells in the body grow unchecked, the cancer may even spread to other parts and systems of the body. If you suspect that a healthcare professional’s failure to diagnose caused injury to you or a loved one, do not hesitate to contact a Troy delayed cancer diagnosis lawyer to learn more about possible legal recourse.
An experienced medical malpractice attorney could investigate whether you have been the victim of a practitioner’s preventable medical error and work hard to secure the full extent of compensation available for your losses. You deserve justice for the harm you have suffered.
Proving a Troy Delayed Cancer Diagnosis Case
A delay in a cancer diagnosis may have an irreversibly affect the course of treatment and the patient’s chances of surviving the cancer. If a physician fails to adhere to the accepted standards of medical care that would be followed be reasonably competent peers, the patient could have a valid delayed cancer diagnosis claim. A Troy delayed cancer diagnosis lawyer may be able to help the injured victim pursue compensation. When diagnosing cancer, medical professionals are expected to:
- Perform a comprehensive and complete physical examination based on the patient’s symptoms
- Refer the patient to the appropriate facility or specialist for testing or examination
- Implement an appropriate course of treatment
- Properly interpret diagnostic results and tests
A Troy attorney could initiate a lawsuit on behalf of the plaintiff when there is sufficient information demonstrating that there was a delay in the patient’s cancer diagnosis or misdiagnosis due to the physician’s action or inaction. The physician’s action or inaction increased the risk of recurrence or spread of the patient’s cancer, and that the patient sustained damages as a result.
The Statutory Deadline to File a Troy Delayed Cancer Diagnosis Lawsuit
New York Civil Practice Law & Rules § 214-A generally allows victims of alleged medical malpractice two years and six months from the time of injury to file a civil suit with the courts for damages. The damages could include lost income, medical expenses, pain and suffering, and more. There is an exception made for cancer cases in which the clock does not start running until they discover the cancer, but no later than seven years after the alleged incident. Additionally, if the malpractice occurred during a series of treatments, the timeframe will not begin until the last treatment has occurred.
New York county and city governments own many of its hospitals, and the state has waived its right of immunity in medical malpractice and wrongful death cases. This means that individuals receiving care at a hospital that a New York state agency owns could sue for negligent treatment. However, they must file a notice of claim against the state government or a lawsuit within 90 days of the injury date, at which point they have 15 months to proceed with filing a medical malpractice lawsuit.
A Troy Delayed Cancer Diagnosis Attorney Could Help
If you have been recently diagnosed with an advanced stage of cancer, whether due to a doctor’s misdiagnoses or delayed diagnosis of cancer, a Troy delayed cancer diagnosis lawyer could review your case to help you determine if you have a viable claim. Contact a lawyer today to arrange an initial case consultation.