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In a failure to diagnose case, what is the one key issue that we have to look for when
evaluating whether or not you have a valid case? Would you like to learn the answer?
Come join me as I share with you this great information. Hi. I'm Gerry Oginski. I'm a
New York medical malpractice and personal injury trial lawyer practicing law here in
the state of New York. I'm shooting video outdoors again today. It's a little bit noisy,
I've got the gardener going on down the street. But the key question I want to ask you is
does the delay in diagnosis make a difference in the outcome? Now why is that important?
It's critical to know whether the delay made a difference in the outcome and here's what
we look for. We look to see whether or not the treatment or the outcome would be different
if this condition was diagnosed earlier. And that's a critical component in evaluating
whether or not you have a valid basis for a medical malpractice case here in the state
of New York. So, for example, in a failure to diagnose cancer case the question always
is if the condition had been diagnosed earlier -- let's say it's stage 1 or stage 2 -- would
the treatment be different? Well, yes, you might not have needed radiation therapy, you
might not have needed chemotherapy, you might have only needed surgery. Well if that's the
case, how would the outcome be any different? What would your prognosis be if this was caught
at an earlier stage as opposed to now when it's now stage for and it's metastatic and
it's now throughout your body? So the key question in every one of these failure to
diagnose cases is would the outcome or treatment be different? If the answer is yes, then now
we have something to talk about. If the answer is no, then it's going to be extremely challenging
and difficult to show that you have additional injuries as a result of the delay. The key
question in any failure to diagnose case is would the outcome or treatment be different?
So why do I share this great information with you? I share it with you just to give you
an insight and an understanding into what goes on in the litigation process here in
the state of New York when evaluating a medical malpractice matter involving a failure to
diagnose case. In all likelihood, you have questions or concerns about your own medical
malpractice matter. And if your matter happened here in New York and you do have legal questions,
what I encourage you to do is pick up the phone and call me. I can answer your legal
questions. This is something that I do every single day and I welcome your call. You can
reach me at 516-487-8207 or by email at Gerry@Oginski-law.com. Well that's it for today's quick video. I'm
Gerry Oginski, have a wonderful day!