Can a missed illness be negligence?

By Rheingold Giuffra Ruffo & Plotkin LLP

Hospital negligence doesn’t only happen to surgical patients. Many times patients can go for a long time with a condition before it is diagnosed, leaving them untreated for a period of time in which the illness could be steadily getting worse. For those individuals, seeking the help of a trusted medical malpractice attorney may be the only way they can identify negligence.

Whether a patient suffered because of a missed diagnosis or a delayed diagnosis, the result is similar. Valuable time is lost, and recovery may not be possible. For a patient, actually proving negligence can be as much of a fight as getting better. Second and third opinions are often needed, as is an experienced attorney. Identifying the exact moment when the wrongdoing took place may be impossible but proving any wrongdoing isn’t.

In both cases, negligence by way of missed or delayed diagnosis, time is of the essence. In New York, malpractice cases can be brought on the responsible party for two and a half years following the event. If you are in treatment for a condition that is the basis of your malpractice suit, the statute of limitations clock doesn’t begin until you have stopped treatment.

It is the doctor’s duty to evaluate you, diagnose you and treat you to the best of their abilities. If, for some reason, you have had an illness that was missed or delayed in treating, you may be entitled to compensation. For help with identifying medical malpractice and bringing responsible parties to justice, consider contacting a trusted medical malpractice attorney.

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