Delayed Cancer Diagnosis Claims Can't Wait
You may feel as if you want to wait until you have more information before filing a lawsuit. Or, maybe you are conflicted about the mere idea of bringing a lawsuit. In either case, legally speaking, if you have been harmed by a delayed diagnosis of cancer, your opportunity to file a medical malpractice claim is limited.
Simply put, you must act or risk losing the right to seek compensation.
At Powers & Santola, the only act required of you is to get in touch with us about what has happened. If we accept your case and you choose to have our attorneys represent you in the matter, our firm will be making a commitment to use all of its resources in an effort to fundamentally change your life and family's future for the better.
Statutes of limitation: The time limits for bringing a medical malpractice lawsuit vary by state. In addition, each jurisdiction has its own subset of exceptions, and exceptions to the exceptions as well. The bottom line: Don't let time run out. Talk to our lawyers about what has happened to you and your family sooner rather than later.
Using New York State as an Example
New York State's general rule is that a medical malpractice lawsuit, filed by or on behalf of an adult patient, must be brought within two and a half years from the act or omission constituting the malpractice. Exceptions to this general rule include cases involving children, insanity and claims against the government. There are other exceptions as well.
The problem with this time limitation in cases of a delayed diagnosis of cancer is that by the time the cancer is finally diagnosed — it may already be too late. For instance, suppose a patient complained of cancer-like symptoms two years ago but the doctor, after ordering or not ordering further tests, provided a clean bill of health.
For example, a 40-year-old woman feels a minor lump, the doctor dismisses the need for a biopsy, and the patient is advised to schedule another mammogram in two years. Maybe she doesn’t experience any symptoms over the next year. Then, the following year, she is diagnosed with a late stage cancer — a disease that could have been discovered two or more years prior had the proper tests been done or the results interpreted correctly.
At this point, she probably has no more than six months in which to file a lawsuit.
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Our firm handles delayed cancer diagnosis lawsuits on behalf of people here in New York State, and in every U.S. jurisdiction that recognizes the "loss of a chance" doctrine. Contact us online or call us at either of the two numbers shown above to schedule your free consultation today.
