Syracuse Delayed Cancer Diagnosis Lawyer

A delayed cancer diagnosis is exactly what it sounds like: a cancer diagnosis that has been delayed due to a healthcare provider’s error. A delayed cancer diagnosis can result from an initial misdiagnosis or even an error in reading or interpreting imaging studies. In some instances, a doctor or surgeon will misdiagnose cancer as another disease or condition, and the patient will not receive the appropriate treatment for cancer. 

Delayed cancer diagnosis claims typically are filed as medical malpractice lawsuits. Under New York’s medical malpractice statute of limitations, a patient usually has 2 years and 6 months from the date of the healthcare provider’s negligent act to file a claim for financial compensation. However, there are notable exceptions, and delayed cancer diagnosis cases often fall into one of those exceptions.

Under New York law, where a medical malpractice claim “is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person know or reasonably should have known of such alleged act or omission . . . or (ii) the date of the last treatment where there is continuous treatment for such injury, illness, or condition.” In other words, a patient with a delayed cancer diagnosis claim may be able to file a claim even though more than 2 years and 6 months have passed from the misdiagnosis since the clock on the claim will start ticking on the date that the patient found out, or should have discovered, the misdiagnosis that resulted in a delayed diagnosis injury. 

Even if your claim falls into this exception, it is important to know that a medical malpractice lawsuit cannot be filed more than 7 years from the date of the healthcare provider’s negligence. Accordingly, if you learn that a misdiagnosis resulted in a delayed diagnosis 7 years and 1 day after you received the initial misdiagnosis, you will have a time-barred claim under New York law.