Can I pursue a claim for failure to diagnose a condition?

Yes, failure to diagnose non-cancerous conditions follows standard New York medical malpractice rules. Your claim must establish:

  • The medical professional failed to order appropriate tests, misinterpreted results, or ignored symptoms
  • A competent provider would have made the correct diagnosis
  • The delay or failure caused your condition to worsen
  • You suffered injuries that a proper diagnosis would have prevented

Unlike cancer cases, there’s no general discovery rule for non-cancerous conditions. The 2.5-year clock typically starts from the negligent act or the end of continuous treatment, making prompt legal consultation critical.

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