Radiologists normally don't have more of a duty than informing the ordering physician in the report of their findings. Where you may have an issue with is with the ordering physician who should have informed you of the finding. That said, you still have to have damages in order to bring a lawsuit. From the tone of your question, it sounds like the negative diagnosis was the serious condition and the other finding was not as serious. If it was and there are complications as a result, then you should seek the counsel of an attorney. Please search Avvo.com to find a lawyer near you for a consultation of your situation.
David B. Snyder, Esq.
6876 Buckley Road
Syracuse, NY 13212
Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.
The issue is what damages did you sustain from this. Have a local malpractice lawyer investigate. I'm sorry but the malpractice cases my firm takes are limited to birth injuries & cancer misdiagnosis. Good luck.
I agree with my colleagues. The key issue is what are your damages/injuries/expenses as a result of the undiagnosed condition.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
In some cases, a referring physician and the imaging center each have a duty to communicate their findings to the patient. A radiologist has a duty to communicate directly with the patient his or her findings when performing mammography. Since 1992, the Mammography Quality Standards Act (MQSA) requires that within 30 days every patient who receives a mammogram shall receive a written report “in terms easily understood by a lay person", and this report shall be sent from the breast imaging facility. For other imaging tests, the referring physician is responsible to communicate the test results, however, there are other cases where both physicians have a duty to advise the patient of adverse findings. To prove that a test result was not communicated to the patient a lawyer can rely upon the patient’s testimony, the doctor’s testimony, the medical chart, and the doctor’s failure to order follow up testing, if it was warranted by the finding.
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You did not mention what the newly discovered condition is, or how that has damaged you. As the other attorneys have pointed out, unless you have a provable injury from a delay in either diagnosis or treatment, you don't have a case to pursue.
In addition to the rest of the answers provided and follow up questions asked, you also didn't
say how you found out about this other condition your referring doctor knew about and did not tell you. If the information is in your medical chart from the referring physician, you will have a difficult time proving he did not tell you.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. For specific advice about your particular situation, consult your own attorney or if you do not have an attorney, consult with an attorney.
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