In every failure to diagnose case in New York, the fact that the diagnosis may have been missed is only one of three components that must be answered before you are permitted to go ahead and file a lawsuit.
Keep in mind that all three components must be confirmed by a medical expert who has either reviewed all of your records or has treated you.
Let's go through those three different components.
The first is wrongdoing.
That is known as a departure from good and accepted medical practice. More commonly, people think of this as medical malpractice.
The second is a connection between the wrongdoing and injury.
This is more commonly known as “Causation.”
There must be an actual link between whatever was done wrong and the injuries you suffered.
The third element involves your injuries.
This is known legally as damages.
In a failure to diagnose or failure to treat case, a key question that must always be answered is “If your condition had been timely recognized and treated, would the treatment and/or outcome be any different?”
If the answer is yes, and the treatment or outcome would be different, that will significantly help your case and show the distinction between what was done and what should have been done.
If however the delay in diagnosis is very short and earlier diagnosis and treatment would not have made a significant difference, that will dramatically affect whether or not you have a viable case that can proceed forward.