Lung cancer symptoms may manifest themselves in a variety of ways, including regular coughing fits. The consequences of failing to timely diagnose cancer can have severe consequences, which include death. Sometimes people may seek the treatment of their physician because they know something is wrong, but the physician fails to truly appreciate the severity of their condition. In a 2017 New York cancer misdiagnosis decision, the plaintiff alleged, on behalf of the decedent, that the decedent’s physician failed to timely diagnose his lung cancer.
The defendant, a New York doctor, acted as the decedent’s doctor since 1989. The decedent came to her doctor several times in 2010 because of a cough she was experiencing. However, she was not diagnosed with lung cancer until she received an X-ray, which returned a grossly abnormal result. The decedent went to another hospital, which was not named as a defendant in the case, and was diagnosed with stage IV lung cancer.
The plaintiff filed the lawsuit in 2010, but the defendant argued that the claim was time-barred by the statute of limitations. The court acknowledged that the defendant established a prima facie case for judgment as a matter of law because the lawsuit was filed more than two and one-half years from the alleged acts and omissions that formed the basis of the failure to diagnose claim against the defendant. In response, the plaintiff argued that the claim should be allowed to proceed under the continuous treatment doctrine.