A: The question is always the same.
“I think the doctor delayed in diagnosing my condition. Do I have a case?"
In reality, that only answers one out of three necessary questions.
In every medical malpractice case in New York, the following three questions must be answered:
1. Did the doctor depart from good and accepted medical care?
2. Was that departure a substantial factor in causing injury?
3. Is the injury significant and/or permanent?
In other words, the two questions I ask everyone who calls are:
“What do you think was done wrong and what injury did you suffer as a result of that?”
In a delay in diagnosis case the key question that must be answered is:
“If you had received the appropriate and timely diagnosis and treatment, would your outcome or treatment be different than what you have experienced?”
In answering that question, we learn a tremendous amount of information that will help us determine whether or not you may have a valid basis for a case. Often, it will be necessary to have medical experts review all of your medicals to make that final determination.
However, in any failure to diagnose case, even if there was wrongdoing that lead to injury, the key question that must be answered is; would your treatment and outcome be any different had your conditioned been properly and timely diagnosed?