Q: What are my options after a missed diagnosis of osteoporosis led to severe health issues?

A: In New York, your situation involves legal consideration. Here’s a structured overview of your options:

### **Legal Options for Addressing Misdiagnosis**

1. **Statute of Limitations Considerations**

New York’s statute of limitations for medical malpractice is generally **2.5 years from the date of the negligent act** (here, the missed diagnosis in 2020). However:

- **Exceptions**:

- **Continuous Treatment Doctrine**: If you continued receiving care for the same condition from the original doctor after 2020, the clock starts when treatment ended.

- **Lavern’s Law**: This applies only to cancer misdiagnosis, not osteoporosis.

Given the timeline (misdiagnosis in 2020, discovery in 2025), your ability to sue may depend on whether the continuous treatment doctrine applies. Consult a medical malpractice attorney immediately to assess eligibility.

2. **Proving Medical Malpractice**

To succeed in a misdiagnosis case, you must demonstrate:

- **Duty of Care**: A doctor-patient relationship existed.

- **Breach of Standard of Care**: The doctor failed to diagnose osteoporosis as a competent provider would have under similar circumstances.

- **Causation**: The delay directly caused harm (e.g., worsened bone density, fractures, dental issues).

- **Damages**: Quantifiable losses (medical bills, lost wages, pain and suffering).

Expert testimony from a medical professional is critical to establish these elements.

3. **Potential Compensation**

Recoverable damages may include:

- Past and future medical expenses (e.g., osteoporosis treatments, dental care).

- Lost income due to disability.

- Pain and suffering from physical and emotional distress.

- Punitive damages if the negligence was reckless or intentional.

### **Next Steps**

1. **Legal Action**: Contact a New York medical malpractice attorney immediately to evaluate your case.

Timeliness is critical for both legal and medical outcomes. Proactively addressing these areas can help mitigate long-term impacts and secure compensation for damages incurred.

A: Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you were harmed by the misdiagnosis which may be difficult given that there is no known cure for osteoporosis. As such, even with an earlier, correct diagnosis, you may have ended up in the same condition. If you still wish to speak with a medical malpractice attorney, you can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

A: I'm sorry about your ordeal here. I'm afraid this has the makings of a challenging case, in particular with the long timeline. The med mal statute of limitations in New York is two-and-a-half years (subject to certain legal doctrines, if found to be applicable). That's only my quick assessment, based on the brief facts. It's possible other attorneys could see things differently. You ask about your options - your best starting point could be to try to arrange a free initial consult. Good luck

A: I'm really sorry to hear about what you've been through. Dealing with health problems that could have been caught earlier is not only physically painful but also emotionally draining. It makes sense to want answers and explore your options, especially if the missed diagnosis has had a major impact on your life.

In New York, you may still be able to pursue legal action for medical malpractice. The clock usually starts when the mistake happened, but in some cases—like when the issue wasn’t discovered until much later—there’s what's called a "discovery rule." That means the timeline to file a claim might begin when you first found out about the missed diagnosis, which could be January 2025 in your case. You’d need to act quickly, though, since New York has strict deadlines for these kinds of claims.

You don't have to confront the original doctor directly, but collecting your medical records and a timeline of what happened would help a lot if you decide to move forward legally. It also might be worth getting a second opinion or written statement from your current doctor, especially if they’ve noted that the osteoporosis should have been diagnosed earlier. You’ve already been through enough—it’s okay to ask for accountability and look for support that puts your health first.