Content Reviewed By:
John Richmond, Co-Founding Member
- October 23, 2024
Whether you are visiting your primary care physician for a routine checkup or seeking emergency care in a hospital for a serious medical problem, you should be able to trust the professionals caring for you. These healthcare providers should correctly and promptly identify any injuries, illnesses, or chronic conditions you may be experiencing that need treatment. While most practitioners usually meet this basic expectation, when they do not, their patients may suffer severe harm.
Filing suit over a doctor either giving you the wrong diagnosis, or not diagnosing anything at all, can be a complicated process, especially if you try to pursue your claim without help from a Buffalo failure to diagnose lawyer. At Richmond Vona, LLC, our medical malpractice attorneys have years of experience handling cases like yours effectively and efficiently. Once retained, we can offer our expertise to get you the best possible result.
When Does a Missed Diagnosis Qualify As Negligence?
The central premise of most medical malpractice claims in New York State is that the physician failed to meet the “standard of care” required of them. The “standard of care” for a doctor is the level of skill and consideration any equally qualified physician should reasonably be expected to demonstrate under the same circumstances.
The standard of care for a doctor can vary depending on their unique skills, experience, and working conditions. For example, a doctor working in a crowded emergency room is still responsible for diagnosing and treating their patients correctly to the best of their ability; but because their work environment is so hectic, they may be given some leeway regarding what constitutes an unreasonably negligent misdiagnosis.
On the other hand, the court would probably give a physician working in private practice, with lots of time to dedicate to each patient, less leeway for mistakes in the “standard of care” expected of them. Given all that, a Buffalo failure to diagnose attorney can examine a particular situation and offer guidance about whether litigation is possible.
Filing Deadlines for Failure To Diagnose Lawsuits
Generally, anyone who wants to sue a healthcare provider for alleged malpractice must do so no later than 30 months—two and a half years—after suffering a new or worsening illness or injury.
The exception is when a doctor negligently fails to diagnose cancer. When this happens, the 30-month filing period begins on the later of two dates: either when the patient’s ongoing treatment ends, or when they knew (or reasonably should have discovered) that their doctor failed to diagnose them. As a qualified attorney can explain further, there is still a deadline of seven years to file suit after an alleged failure to diagnose in Buffalo, including for cancer.
Let a Buffalo Failure To Diagnose Attorney Help
Not getting diagnosed correctly when you go to the doctor can have long-lasting and even life-threatening repercussions. Fortunately, you have rights in such a situation, and our dedicated legal team can help you protect those rights.
When you suspect a doctor’s negligence led to you not getting proper treatment in a timely fashion, you should speak with a Buffalo failure to diagnose lawyer. Contact Richmond Vona, LLC, for a free consultation.
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John Richmond has been extremely helpful on several occasions with matters we presented to him. I was very impressed with the exceptional diligence and professionalism he exhibited in successfully handling those issues. He took into consideration my thoughts and reasons behind the items I felt needed to be addressed. He went out of his way to make meeting with us a very convenient and pleasant experience. When our son required assistance with a custody issue we again went to Mr. Richmond. As it was an issue that was outside the scope of his expertise he did not hesitate to recommend another attorney in the field which was needed. That attorney was also exceptional and that case was also successfully resolved and for that recommendation we truly thank him. We will, beyond any doubt, utilize his firm and services for any matters that may arise in the future. I do not hesitate to highly recommend Mr. Richmond and his firm.
My experience with Richmond Vona was exceptional. Keith and John gave my case all the attention required to bring about a successful result. They were a calming and confident presence during a very difficult time in my life. I was never treated like a number, but more like family. They were in constant communication with me to make sure that everything I was going through was taken care of. I appreciate all of the support I received from Keith and John. I am proud to be part of the Richmond Vona family, and would highly recommend them to anyone
Let me be honest, I’ve been skeptical of attorneys in the past…. but Keith Vona and Richmond Vona, LLC changed that. They are professional, caring, thorough and trustworthy. They assisted me and my family with a challenging mesothelioma case. Challenging why, because my father passed before he could testify. Keith remained in contact, updated us regularly and I believe went above and beyond normal due diligence. I would highly recommend Richmond Vona, LLC. Thank you for all you have done for our family!!
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