If a cardiologist provides negligent care that causes a person harm, the person can pursue a claim against the cardiologist for damages. As with any civil claim, there are deadlines that apply to a person pursuing a cardiology malpractice claim, and the failure to abide by the deadlines can result in a waiver of the right to recover damages, regardless of the severity of the harm sustained. In some cases, however, the statute of limitations can be tolled if the injured patient continues to treat with the cardiologist after the date of the alleged harm.
The Appellate Division of the Supreme Court of New York recently discussed the tolling of the statute of limitations under the continuous treatment doctrine in a case in which it affirmed the dismissal of a cardiology malpractice claim as time barred. If you suffered harm because of negligent cardiac care, it is imperative to consult a skillful Rochester cardiology malpractice attorney as soon as possible to discuss your potential claims.
Facts Regarding the Plaintiff’s Treatment
It is reported that the plaintiff was suffering from end stage kidney disease and kidney failure and was on the list for a kidney transplant. In October 2015, he presented to the defendant medical center for a pre-transplant examination. During the examination he underwent a chest x-ray that revealed pericardial effusion. The plaintiff subsequently underwent a pericardiocentesis to drain the fluid around his heart. During the procedure, the plaintiff’s heart was punctured, and he was required to undergo an emergency sternotomy to repair his left ventricle.