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MEDICAL MALPRACTICE - MISDIAGNOSIS
Any injury or
condition can be misdiagnosed, however, in order to present a valid
claim your New York medical malpractice attorney must be able to establish
the error that caused an injury. Often we see this with failure to diagnose
cancer. A delay in treating any cancer can greatly affect the likelihood
of recovery and long-term survival. Some cancers are more aggressive
and faster growing, in those cases a delay of only a few months can
have a significant impact. The higher the stage of the cancer, the lower
the cure rate. Cancers of more advanced stages have higher recurrence
and mortality rates. In legal terms this is often referred to an increased
risk of harm.
In other cases
there may be an error that does not affect the prognosis. For example,
if a doctor/radiologist failed to recognize a fracture that may be a
mistake. But if it is properly diagnosed 2 weeks later, and no additional
harm was caused then there is no basis for a claim.
