do I have a case – live in nyc

I recently went for a blood test last 2 weeks and just got the results mailed
to me and found out I have pre diabetes I went to another doctor 3 years ago
and also took a blood test And never got the results I figured if nothing was
wrong they wouldnt contact me but this doctor I had problems with when I
got my report back from my insurance company I noticed he billed them for a
number of procedures that I never had which I told my insurance co Oxford
at the time so just to make sure that everything was okay when I took that
test which they never called or mailed me I called them up and they said I
can pick up the test results when I saw that my diabetes test was the same
and that I had a Hemoglobin A1ctest for diabetes rate of 6.2 which is
abnormal and a rate of 4.8 5.6 is normal I got very upset basically if
I knew then what I know now I Could Of Done Something About it Do I have
a case here?

Asked on August 13, 2018 under Malpractice Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, you don't have a medical malpractice case because the statute of limitations in NY for filing a lawsuit in a medical malpractice case is 2 1/2 years.  Since three years have elapsed, you have missed the statute of limitations and a lawsuit is barred by the statute of limitations.
Even if the statute of limitations had not tolled (expired), you would not have a medical malpractice case because such a case requires an injury for which there is documentation of medical treatment.  Pre-diabetes is NOT diabetes.  Since you have not had any illness caused by not being informed of the diagnosis from three years ago, there is no medical malpractice case.
You should have been informed of the diagnosis three years ago, but since nothing occurred which required medical treatment, there is no medical malpractice case.
 
 


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