In medical malpractice litigation, timing can be everything, especially when a diagnosis is allegedly delayed. When a physician fails to order appropriate testing or pursue a differential diagnosis, it can have irreversible consequences for the patient. A recent New York decision highlights how disputes over whether a delay in diagnosis impacted a patient’s prognosis can preclude dismissal of a case before trial. If you or someone you love has been harmed due to delayed medical care, a Syracuse medical malpractice attorney can help evaluate your potential claims.
Factual Background and Procedural Setting
It is alleged that the decedent was under the care of a urologist between August 2017 and August 2018 after experiencing urinary symptoms, including burning during urination and nocturia. The plaintiff, acting as administrator of the decedent’s estate, filed a medical malpractice and wrongful death action against the physician and related medical entities. The plaintiff asserted that the defendant failed to timely diagnose the decedent’s prostate cancer, which was ultimately discovered in August 2018 at stage IV with bone metastases.
It is reported that the decedent initially presented with urinary complaints in August 2017, at which time the defendant performed a physical examination and offered a PSA test, which the defendant claimed the decedent declined. Follow-up visits included treatments for benign prostatic hyperplasia, and in February 2018, the defendant performed a transurethral vaporization of the prostate. No tumors were observed during this procedure, but the plaintiff alleged that a different procedure, transurethral resection of the prostate, would have allowed for tissue biopsy and led to an earlier diagnosis. Continue Reading ›