Medical Malpractice

Yes!  In fact, misdiagnosis is one of the primary reasons why medical malpractice cases are filed. A patient can suffer significant injuries or even death when a doctor fails to properly diagnose an injury or ailment, delays diagnosis or fails to provide any diagnosis at all.

Informed consent refers to the consent a patient gives to the doctor to proceed with a medical procedure based upon a clear appreciation and understanding of the facts, implications and future consequences (risks) of such procedure.

New York’s statute of limitations for medical, dental, and podiatric malpractice is 2 1/2 years from the date of the malpractice.  This is a very short time period, especially for cases involving the failure to diagnose cancer. In many cases, the malpractice is not discovered (because the diagnosis was missed) until after the statute of limitations has run.  There are several types of cases where the statute of limitations will be extended (“tolled”), but these are very “fact specific.”  Therefore, please contact us as soon as possible if you think you may have been the victim of medical malpractice.

Medical malpractice occurs when a healthcare professional such as a doctor, nurse or technician treats a patient in a manner which departs from a standard of care provided by those with similar training and experience, resulting in injury, ailment or death.  Remember, a bad result is not medical malpractice.  However, in some cases, the bad result may be due to the professional negligence of the practitioner.