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The Statute of Limitations "Trap"

A woman goes to her doctor and complains about a lump in her breast.
The Dr. sends her for a mammogram.
A few days later, the Dr. calls to tell her not to worry, as it is "only a cyst".

She continues to see the Dr. for routine gynecological care, but never again mentions the lump as she has been assured that it is "just a cyst".

Three years later, the lump seems bigger and her nipple is now inverted. She brings this to the attention of her Dr. who orders further testing. She is advised that she has breast cancer which has now spread. She is going to die.

A radiologist looks at the mammogram taken three years earlier and tells her that the film was misread. She SHOULD have been sent for a needle biopsy.

Her oncologist tells her that had she been diagnosed three years earlier, it would have been easily treated. The three year delay will cost her, her life.

A perfect case of medical malpractice, right????

WRONG.

In New York, a claim for medical malpractice must be filed within 2 ½ years of the date of treatment.

As 3 years have passed since her mammogram was misread, she CANNOT file a claim for medical malpractice

Fair?

Of course not, but it's the law. The moral of the story is that one cannot delay.

If you think you have been the victim of medical malpractice, call an attorney TODAY.

Any delay, may cost you your right to sue.

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