Many situations can qualify as medical malpractice, including if your provider delayed your diagnosis. However, proving medical negligence due to a delayed diagnosis isn’t always as straightforward as it may seem, as New York has certain laws that govern what constitutes medical malpractice and what doesn’t. So, keep reading to find out if you can file a medical malpractice lawsuit for a delayed diagnosis and, if so, what evidence you need to do this.
What Is a Delayed Diagnosis?
A failure to diagnose or a delayed diagnosis in New York occurs when a medical provider does not identify a medical condition that they should have reasonably recognized under the given circumstances. Specifically, this is when a provider has the necessary information to make a diagnosis or pursue further investigation, but fails to do so in a timely way.
When a Diagnostic Delay May Be Negligent
In some situations, having a delayed diagnosis may not make a significant difference in your condition or the treatment options you have. However, in some cases, receiving a timely diagnosis makes all the difference
Although any type of delayed diagnosis can be very frustrating, not all of these scenarios automatically mean that the medical provider acted negligently. Here are some examples of when a diagnostic delay could be negligent:
- Your medical provider misread diagnostic test results.
- Your medical provider failed to order appropriate tests.
- Your medical provider did not follow up when your test results were abnormal.
- Your medical provider failed to refer you to an appropriate specialist for further testing.
Proving That the Delay Caused Harm
According to New York law regarding medical negligence and delayed diagnosis, there is specific criteria that the situation must meet, including:
- Duty: There must be a doctor/patient relationship, meaning that your doctor had a duty to provide you with the necessary medical care.
- Breach: The doctor breached their duty or was otherwise negligent due to not acting in a way that any reasonably competent doctor with similar training would have.
- Causation: The delayed diagnosis caused you direct damages, such as by allowing your medical condition to progress, resulting in the need for more invasive care or expensive treatment.
- Damages: Your damages have a quantifiable loss, such as pain and suffering, lost wages, or medical bills.
Get In Touch With a Medical Malpractice Lawyer in New York
For many New York residents, receiving an accurate and timely diagnosis makes all the difference when it comes to getting the medical treatment they need. So, if your medical provider doesn’t take you seriously or fails to follow up on your test results, resulting in a delayed diagnosis, you may want to pursue medical malpractice compensation.
But before you do this, you need to get the help of a medical malpractice attorney in New York who can help you build a strong claim so that you can get the compensation you deserve.
So, if you’re ready to move forward with your delayed diagnosis lawsuit, contact us today at Gash & Associates, P.C., in New York, at 914-328-8800 for a free consultation.
