Rochester Medical Malpractice and Personal Injury Lawyer Blog
Patients harmed by a delayed cancer diagnosis often do not discover the negligence until long after the opportunity for early treatment has passed. Historically, many valid medical malpractice claims were dismissed because the statute of limitations expired before the patient learned that a healthcare provider failed to recognize the signs of cancer. New York’s enactment of the cancer discovery rule significantly changed that landscape by allowing certain delayed diagnosis claims to proceed even when they otherwise would have been untimely. A recent New York ruling demonstrates how the statute’s revival provision can preserve a patient’s right to pursue compensation for negligent failure to diagnose cancer. If you or a loved one suffered harm because a healthcare provider failed to timely diagnose cancer, it is in your best interest to speak with a Rochester medical malpractice attorney about your rights as soon as possible.
Factual Setting and Procedural History
Allegedly, the plaintiffs commenced a medical malpractice action asserting that two physicians failed to timely diagnose and treat the plaintiff’s breast cancer. The complaint alleged that the defendants did not recommend additional diagnostic testing, including a mammogram, when such testing was medically indicated, allowing the cancer to remain undetected. The defendants moved for summary judgment, arguing that any claims arising from conduct occurring before December 11, 2015, as well as all claims against one physician, were barred by the applicable statute of limitations. The trial court agreed and dismissed those portions of the complaint. The plaintiffs appealed.
The Discovery Rule in Cancer Malpractice Cases
On appeal, the court reversed the trial ruling. In doing so, the court addressed whether New York’s cancer discovery rule and its statutory revival provision permitted the plaintiffs to pursue claims that otherwise would have been untimely under the traditional statute of limitations governing medical malpractice actions.
The court explained that, effective January 31, 2018, the New York Legislature enacted a discovery rule specifically addressing negligent failures to diagnose cancer or a malignant tumor. The legislation not only created a new limitations framework for qualifying claims but also included a revival provision designed to restore certain claims that previously had become time-barred. The revival statute reflects the Legislature’s recognition that patients frequently do not discover a delayed cancer diagnosis until long after the ordinary limitations period has expired.
Applying the statute to the facts before it, the court determined that the alleged malpractice occurred when the defendants failed to advise the plaintiff to undergo additional diagnostic testing, including a mammogram. Although the claims ordinarily would have accrued at that time, the court concluded that they qualified for revival because they became time-barred within the ten months identified by the statute before its effective date. The plaintiffs also commenced the action before the statutory revival deadline established by the Legislature. As a result, the court held that the trial court improperly dismissed the claims as untimely.
Meet with a Trusted Rochester Medical Malpractice Attorney
If you or someone you love suffered harm because a healthcare provider failed to timely diagnose breast cancer or another form of cancer, the experienced Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your claim and determine whether you may still have the right to pursue compensation. Contact our office through our online form or call 833-200-2000 today to schedule a complimentary and confidential meeting.
