Can I sue my pain management doctor for not finding out that I have cervical spinal stenosis so now I need neck surgery?

UPDATED: Sep 30, 2022

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Can I sue my pain management doctor for not finding out that I have cervical spinal stenosis so now I need neck surgery?

I’ve been going to the same doctor’s office for about 7 years. They knew that I had 2 pinched nerves on my neck with 4 herniated disks.

Asked on December 10, 2015 under Malpractice Law, New York


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

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that  a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to speak with a medical malpractice attorney because your lawsuit may be barred by the statute of limitations.
NY has a 2 1/2 year statute of limitations for filing a lawsuit in a medical malpractice case.  Since you have been going to the same doctor for seven years, you may have missed the statute of limitations.  The 2 1/2 years is from the date the malpractice occurs or from the last date of continuing treatment related to the malpractice incident.  If failure to diagnose or misdiagnosis occurs, you may not be able to file a lawsuit because the statute of limitations may have expired by the time medical negligence is discovered.

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