Articles Posted in Failure to Diagnose

There are several elements to a successful medical malpractice claim. In other words, a plaintiff must not only prove the defendant acted negligently, and in doing so, harmed the plaintiff but must also comply with the procedural rules for pursuing damages. All too often, however, the plaintiff’s claims are dismissed due to procedural defects, as illustrated in a recent New York ruling where the court dismissed the plaintiff’s psychiatric malpractice claim due to failure to prosecute. If you were harmed by a mental health professional’s failure to provide you with a proper diagnosis, you could be owed compensation and should speak to a knowledgeable Syracuse medical malpractice attorney regarding your rights.

The Plaintiff’s Harm and Allegations

Allegedly, the plaintiff filed a medical malpractice lawsuit against numerous mental health providers, arguing that they departed from the standard of medical care and acted beyond the bounds of professionalism. Specifically, he alleged they failed to provide him with an accurate diagnosis, failed to take heed of his prior diagnoses, declined to speak to his treating psychiatrist, and refused to institute appropriate procedures, treatment, and care. The court ultimately dismissed his complaint due to his failure to comply with the discovery rules and orders issued by the court regarding the prosecution of the case. He then appealed.

Dismissal for Failure to Prosecute

On appeal, the court noted that Federal Rules of Civil Procedure 37 and 41(b) expressly provide for dismissals for failing to prosecute and failing to comply with discovery orders. A court reviewing dismissals pursuant to these rules will only reverse them if the trial court demonstrated an abuse of discretion. In conducting its review, the courts must be mindful that dismissal under Rule 41(b) for failure to prosecute is a harsh sanction that is only to be used in extreme situations.

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In most medical malpractice cases, the primary focus is on whether the defendant health care provider breached the standard of care and thereby caused the plaintiff harm. In some instances, though, a defendant seeking to refute liability will argue that an intervening cause, such as the plaintiff’s own negligence, was the actual cause of the plaintiff’s injuries. Recently, a New York court discussed comparative negligence in a case in which the plaintiff’s decedent lost her life to breast cancer due to a delayed diagnosis. If a doctor failed to diagnose you or someone you love with breast cancer in a timely manner, it is wise to speak to a capable Syracuse delayed diagnosis malpractice attorney regarding your rights.

The Plaintiff’s Decedent’s Treatment

It is reported that the plaintiff’s decedent presented to the defendant health clinic in December 2014, February 2015, and August 2015 with complaints of right breast pain. She was also treated at another hospital for breast pain in between May 2015 and December 2017. She was eventually diagnosed with breast cancer in March 2017. She underwent a double mastectomy in April 2017, after which there was no detectable cancer. In December 2017, however, she was informed her breast cancer had metastasized. She ultimately died of cancer at the age of 30 in 2019.

The plaintiff, who was the decedent’s partner, filed a medical malpractice case against the defendant, averring that its failure to properly diagnose and treat the decedent greatly decreased her chance of survival. A bench trial was held during which the court was asked to assess the issues of whether the defendant breached the standard of care in treating the decedent and whether any breach proximately caused her death.

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In some instances in which a patient suffers from multiple symptoms that do not have a clear cause, a doctor will be unable to provide the patient with a prompt diagnosis. While some degree of delay in diagnosing a patient may be reasonable, a substantial delay without just cause may constitute medical malpractice. Recently, a New York appellate court explained when a delay constitutes medical malpractice in a case in which a patient alleged she suffered harm due to a physician’s delay in diagnosing the patient with endocarditis. If you suffered damages due to your doctor’s failure to diagnose you in a timely manner, it is wise to speak to a trusted Syracuse medical malpractice attorney to discuss what damages you may be able to recover.

Facts Concerning the Plaintiff’s Care

It is alleged that the plaintiff visited the defendant urgent care center with numerous complaints. The defendant ultimately diagnosed the plaintiff with endocarditis, multiple days after the plaintiff first visited the defendant urgent care center. The plaintiff then filed a medical malpractice lawsuit against the defendant urgent care center and the defendant doctor who treated her at the center, alleging that the delay in diagnosing the plaintiff caused her to suffer permanent heart valve damage. The defendants filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The court denied the defendants’ motion, after which the defendants appealed. Upon review, the appellate court reversed the trial court’s ruling and dismissed the plaintiff’s case.

When a Delayed Diagnosis Constitutes Medical Malpractice  

The appellate court noted that the defendants made a prima facie showing that they were entitled to judgment as a matter of law. Specifically, the defendants met their burden of proof under New York law by producing a detailed expert affidavit that stated that the defendant’s delay in diagnosing the plaintiff did not constitute a departure from accepted and good medical practice in treating the plaintiff. The appellate court found, however, that the plaintiff did not meet her burden of proof. Specifically, the expert reports provided by the plaintiff neither demonstrated that the defendants deviated from the standard of care or that any purported deviation caused the plaintiff’s alleged harm.

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While in some cases, a patient’s symptoms are straightforward, and the cause of the symptoms are easily ascertainable, in other instances, the journey to an accurate diagnosis can be lengthy. Simply because a patient does not immediately receive a correct diagnosis does not indicate that malpractice is present, however. Instead, in some cases, it may simply take longer to determine what illness is afflicting a patient. Recently, a New York appellate court discussed the evaluation of malpractice claims arising out of delayed diagnoses in a case in which it took several months for a plaintiff to receive a cancer diagnosis. If you were injured by a delay in receiving an accurate diagnosis, you should consult a capable Syracuse medical malpractice attorney regarding your possible claims.

Factual Background

It is reported that the plaintiff’s decedent presented to the defendant primary care physician with complaints of puffy eyes and nasal congestion. He was treated and sent home. A month later, the decedent called the defendant primary care physician and advised he was having difficulty swallowing, after which she referred him to a gastroenterologist. She did not order any other tests. The decedent ultimately underwent diagnostic imaging, which revealed that he had a mass in his chest. The defendant oncologist ultimately diagnosed the plaintiff with a form of lymphoma. After  the decedent’s death, the plaintiff filed a medical malpractice lawsuit against the defendants, arguing that their failure to diagnose the decedent in a timely manner caused the decedent’s harm. The defendants each filed motions for summary judgment, which the court granted in part. The plaintiff appealed.

Medical Malpractice Arising Out of a Delayed Diagnosis

With regard to the claims against the defendant primary care physician, the court noted that the defendant established via her expert report that the treatment she provided the decedent with on the date of his initial visit complied with the standard of care. In return, the plaintiff’s expert failed to raise a triable issue of material fact regarding whether the defendant deviated from the standard of care. Thus, the court affirmed the order granting summary judgment with regard to that issue.

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If you suffered damages due to your doctor’s failure to diagnose or treat an illness, connecting your doctor’s inadequate care to your harm is essential to present a successful case. This was illustrated in a case recently ruled upon by the appellate division of the Supreme Court of New York, in which the court found that the doctor’s failure to diagnose the plaintiff did not result in her ultimate harm, and dismissed the plaintiff’s case. If you were injured by a doctor’s failure to diagnose or treat your illness it is critical to retain a trusted Syracuse hospital malpractice attorney to set forth persuasive arguments to show that your doctor should be liable for your damages.

Facts Regarding the Plaintiff’s Treatment

Reportedly, the plaintiff presented to the emergency room of the defendant hospital where she was treated and released, with complaints of ear pain. She was later diagnosed with an ear infection by another treatment provider, and ultimately suffered hearing loss. She subsequently filed a medical malpractice lawsuit against the defendant hospital and defendant emergency room physician, alleging that the failure to diagnose her ear infection caused her to sustain hearing loss. The defendants filed a motion for summary judgment, which the trial court denied. The defendants appealed and on appeal, the appellate court reversed the trial court ruling.

Proximate Cause

On appeal, the court stated that the defendants established as a matter of law that they did not depart from the applicable standard of care in rendering treatment to the plaintiff. Specifically, the defendants’ expert affidavits stated that further testing or a referral to an otolaryngologist was not indicated by the results of the plaintiff’s physical examination or the symptoms she described. Further, the reports established that to the extent the defendants deviated from the standard of care in failing to diagnose the plaintiff’s ear infection, any departure did not proximately cause the plaintiff’s alleged harm. Under New York law, proximate cause is established in a medical malpractice case when it is a substantial factor in bringing about the alleged harm.

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Medical malpractice cases, like any civil lawsuit, must be pursued within the time frame established by the statute of limitations. While the courts strictly construe the statute of limitations for pursuing a medical malpractice claim in New York, there are certain circumstances that allow a plaintiff to toll the statutory period, such as the continuous treatment doctrine. The United States District Court for the Northern District of New York recently held the continuous treatment doctrine does not toll the statute of limitations for a failure to diagnose, in a case in which the plaintiff who was harmed by his doctor’s failure to diagnose and treat his kidney cancer in a timely manner sought leave to amend his complaint to add additional claims. If you sustained damages due to your physician’s failure to diagnose or treat your illness, it is vital to recovery to meet with a proficient Syracuse medical malpractice attorney to discuss your case.

The Plaintiff’s Care

It is alleged that the plaintiff treated at the defendant hospital for kidney issues for several years. He began treating in 2006 when a lesion was observed on his kidney on a CT scan. Subsequent scans in 2009, 2010, and 2011, showed the lesion as well, but no diagnosis or treatment was provided for the lesion. In 2011, the plaintiff treated with a urologist who advised him to wait six months and then follow-up, and in 2012 he underwent an ultrasound that indicated the lesion was suspicious for carcinoma. He then underwent surgery to remove the lesion, which was diagnosed as renal cell carcinoma.

It is reported that the plaintiff subsequently filed a malpractice lawsuit against the hospital due to the delay in diagnosing his cancer. The plaintiff’s complaint only included the defendant’s negligent failure to diagnose his cancer from 2009 onward, as the earlier claims were precluded by the statute of limitations. The defendant then produced an expert report that stated that there was no progression of the cancer from 2009 to 2012. In response, the plaintiff filed a motion for leave to amend the complaint, to add additional negligence claims for the failure to properly diagnose his cancer from 2006 to 2009, arguing that the amendment was permitted under the continuous treatment doctrine.

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