A timely and accurate medical diagnosis is the cornerstone of effective healthcare. When a doctor fails to diagnose a condition, or provides an incorrect or delayed diagnosis, the consequences can be devastating. Patients may suffer from worsening conditions, undergo unnecessary treatments, and in the most tragic cases, a failure to diagnose can be fatal.
If you or a loved one has been harmed by a diagnostic error in the Albany or Saratoga Springs area, the experienced and compassionate medical malpractice attorneys at Anderson, Moschetti & Taffany are here to help. With a history of securing multi-million dollar verdicts and settlements, we have the expertise to fight for the justice and compensation you deserve.
What Constitutes a “Failure to Diagnose”?
Failure to diagnose is a form of medical negligence that can have life-altering consequences. It can manifest in several ways:
- Complete Failure to Diagnose: A doctor fails to identify a patient’s medical condition, despite clear symptoms and evidence.
- Misdiagnosis: A doctor diagnoses the patient with the wrong condition, leading to incorrect and potentially harmful treatments.
- Delayed Diagnosis: A doctor eventually makes the correct diagnosis, but only after a significant and harmful delay.
These errors can occur for a variety of reasons, including:
- Inadequate patient evaluation or failure to take a complete medical history
- Misinterpretation of symptoms
- Failure to order necessary diagnostic tests
- Errors in reading or interpreting test results
- Failure to consult with a specialist when appropriate
Proving a Medical Malpractice Claim in New York
To successfully pursue a medical malpractice claim for failure to diagnose in New York, you must be able to prove the following:
- A Doctor-Patient Relationship Existed: You must demonstrate that there was an established doctor-patient relationship, which created a duty of care.
- The Doctor Was Negligent: You must show that the doctor’s actions deviated from the accepted standard of care. In other words, a reasonably competent doctor in a similar situation would not have made the same error.
- The Negligence Caused Injury: You must prove that the doctor’s failure to diagnose directly caused your injury or made your condition worse.
- The Injury Resulted in Damages: You must show that the injury led to quantifiable damages, such as additional medical expenses, lost wages, and pain and suffering.
New York’s Statute of Limitations for Medical Malpractice
In New York, in general, the statute of limitations for filing a medical malpractice lawsuit is two years and six months from the date of the malpractice or from the end of a continuous course of treatment for the same condition. However, depending upon the type of claim, a shorter or longer statute of limitations may apply. The key: act quickly to protect your legal rights or the rights of a loved one.
Why Choose Anderson, Moschetti & Taffany?
When you are facing the physical, emotional, and financial turmoil of a medical misdiagnosis, you need a law firm that not only has a proven track record of success but also provides compassionate and personalized legal guidance.
The attorneys at Anderson, Moschetti & Taffany have been recognized as “Top Lawyers in New York State” and have been included in “New York Super Lawyers” for multiple years. Our firm holds an “AV Preeminent” rating from Martindale-Hubbell, a testament to our high ethical standards and legal ability.
Our clients consistently praise our dedication and personal approach. As one client shared, “They make you feel like you are the most important client they have. They work extremely hard to get you the best results.” Another client noted, “Peter Moschetti was extremely personable and able to help me through my proceedings with kindness and compassion.”
Local Expertise in Albany and Saratoga Springs
With offices in Latham and Saratoga Springs, our attorneys have deep roots in the Capital Region. We are intimately familiar with the local court systems and have a network of medical experts to help build a strong case on your behalf. We are proud to serve clients in Albany, Saratoga Springs, and the surrounding communities.
Contact Us for a Free Consultation
If you believe you have been the victim of a failure to diagnose, do not hesitate to seek legal counsel. The dedicated medical malpractice lawyers at Anderson, Moschetti & Taffany are here to listen to your story, answer your questions, and provide a clear path forward.
Call us today at 518-802-4974 for a free and confidential consultation.
Our Offices:
- Albany Office: 26 Century Hill Drive Suite 206 Latham, NY 12110
- Saratoga Springs Office: 6 Butler Place Saratoga Springs, NY 12866
Let our experienced and caring team fight for you.