do I have a case – live in nyc

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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