When a person goes to a health care provider seeking relief from symptoms, the correct identification of the underlying problem is essential for effective treatment. Especially when it comes to cancer, any delay can lead to more stringent treatment methods, and may even make recovery impossible.
A previous blog post discussed the language of the New York statute of limitations on medical malpractice. This two-and-a-half year time limit begins the day the mistake was made, not the day it was discovered. The legislation prevents many from being awarded compensation to cover the extensive medical expenses this type of error frequently causes.
CBS News reported on a study published in the journal BMJ Quality & Safety recently that evaluated how often misdiagnosis occurs in outpatient settings. Researchers analyzed findings from previous studies and determined that roughly one in 20 people seeking medical care could be leaving doctor’s offices without discovering the correct source of symptoms. They postulated that as many as half could be at risk for greater harm as a result.
According to CBS New York, legislators are still trying to pass a law that would change the statute to give cancer victims the ability to hold negligent hospitals responsible for these costly mistakes. For one patient, it is already too late. She discovered she was a victim of a missed diagnosis of liver cancer three years after the mass appeared in the first scan. However, because the statute of limitations has run out, she is not able to file a lawsuit for medical malpractice.
