Whether you are visiting your primary care physician for a routine checkup or seeking emergency care in a hospital for a serious medical problem, you should be able to trust the professionals caring for you. These healthcare providers should correctly and promptly identify any injuries, illnesses, or chronic conditions you may be experiencing that need treatment. While most practitioners usually meet this basic expectation, when they do not, their patients may suffer severe harm.
Filing suit over a doctor either giving you the wrong diagnosis, or not diagnosing anything at all, can be a complicated process, especially if you try to pursue your claim without help from a Buffalo failure to diagnose lawyer. At Richmond Vona, LLC, our medical malpractice attorneys have years of experience handling cases like yours effectively and efficiently. Once retained, we can offer our expertise to get you the best possible result.
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When Does a Missed Diagnosis Qualify As Negligence?
The central premise of most medical malpractice claims in New York State is that the physician failed to meet the “standard of care” required of them. The “standard of care” for a doctor is the level of skill and consideration any equally qualified physician should reasonably be expected to demonstrate under the same circumstances.
The standard of care for a doctor can vary depending on their unique skills, experience, and working conditions. For example, a doctor working in a crowded emergency room is still responsible for diagnosing and treating their patients correctly to the best of their ability; but because their work environment is so hectic, they may be given some leeway regarding what constitutes an unreasonably negligent misdiagnosis.
On the other hand, the court would probably give a physician working in private practice, with lots of time to dedicate to each patient, less leeway for mistakes in the “standard of care” expected of them. Given all that, a Buffalo failure to diagnose attorney can examine a particular situation and offer guidance about whether litigation is possible.
Filing Deadlines for Failure To Diagnose Lawsuits
Generally, anyone who wants to sue a healthcare provider for alleged malpractice must do so no later than 30 months—two and a half years—after suffering a new or worsening illness or injury.
The exception is when a doctor negligently fails to diagnose cancer. When this happens, the 30-month filing period begins on the later of two dates: either when the patient’s ongoing treatment ends, or when they knew (or reasonably should have discovered) that their doctor failed to diagnose them. As a qualified attorney can explain further, there is still a deadline of seven years to file suit after an alleged failure to diagnose in Buffalo, including for cancer.
Let a Buffalo Failure To Diagnose Attorney Help
Not getting diagnosed correctly when you go to the doctor can have long-lasting and even life-threatening repercussions. Fortunately, you have rights in such a situation, and our dedicated legal team can help you protect those rights.
When you suspect a doctor’s negligence led to you not getting proper treatment in a timely fashion, you should speak with a Buffalo failure to diagnose lawyer. Call Richmond Vona, LLC, for a free consultation.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
