Syracuse Personal Injury Law Blog
Lung cancer symptoms may manifest themselves in a variety of ways, including regular coughing fits. The consequences of failing to timely diagnose cancer can have severe consequences, which include death. Sometimes people may seek the treatment of their physician because they know something is wrong, but the physician fails to truly appreciate the severity of their condition. In a 2017 New York cancer misdiagnosis decision, the plaintiff alleged, on behalf of the decedent, that the decedent’s physician failed to timely diagnose his lung cancer.
The defendant, a New York doctor, acted as the decedent’s doctor since 1989. The decedent came to her doctor several times in 2010 because of a cough she was experiencing. However, she was not diagnosed with lung cancer until she received an X-ray, which returned a grossly abnormal result. The decedent went to another hospital, which was not named as a defendant in the case, and was diagnosed with stage IV lung cancer.
The plaintiff filed the lawsuit in 2010, but the defendant argued that the claim was time-barred by the statute of limitations. The court acknowledged that the defendant established a prima facie case for judgment as a matter of law because the lawsuit was filed more than two and one-half years from the alleged acts and omissions that formed the basis of the failure to diagnose claim against the defendant. In response, the plaintiff argued that the claim should be allowed to proceed under the continuous treatment doctrine.
The continuous treatment doctrine, which was at issue in this case, suspends the deadline for the filing of a lawsuit for failure to diagnose actions. It is available when the patient’s care, including the negligent acts, occurred unbroken and is tied to the patient’s original symptoms or complaint. The continuous treatment doctrine may be applied to a physician who has left a medical practice by imputing to him or her the continued treatment provided by subsequent treating physicians in that practice.
However, in opposition, the plaintiffs raised a triable issue of fact as to whether the decedent was undergoing a continuous course of treatment with the defendant’s medical group with respect to symptoms that could ultimately be traced to lung cancer at least through March 27, 2011, two years and six months prior to the commencement of the action. The court, therefore, ruled that the defendant had to face the lawsuit for failure to diagnose the decedent’s lung cancer.
If you were injured because of a physician’s cancer misdiagnosis, you may be able to receive compensation. Our attorneys can help you pursue damages from the parties responsible for your injuries. We represent patients and their families in Syracuse and all over Upstate New York. Call us to discuss your case at 833-200-2000 or contact us via our online form.
More Blog Posts:
5 subtle indications that you could have skin cancer, Syracuse Personal Injury Blog, August 7, 2017
New York Woman Suffers Spinal Injury in a Car Accident, Jury Awards her Multi-Million Dollars in Damages, Syracuse Personal Injury Blog, November 3, 2017