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When we go to the doctor, we assume we are in good hands. It is usually safe to assume that your doctor will make the right decisions regarding your treatment. Unfortunately, this is not always the case. Sometimes, doctors act negligently. One of the most common forms of negligence is a doctor’s failure to refer a patient to a specialist. Read on to learn more about the failure to refer.

How Can Failure to Refer Harm a Patient?

If a doctor is no longer capable of treating a patient, it is important to refer this patient to an specialist who will be able to provide the necessary treatment. Some of the potential consequences of the failure to refer include:

  • The condition or illness worsening to the point of being irreversible 
  • A misdiagnosis of a condition or illness due to insufficient knowledge
  • A delayed or missed diagnosis caused by the failure to refer a patient 

What is the Standard of Care?

The “standard of care” that is required of doctors when dealing with referrals is determined by what other doctors with similar qualifications would do in that situation. If another doctor would have referred the patient elsewhere, they are required to do so as well. If they deviate from the standard of care instead, a doctor can be held liable for any suffering the patient experienced as a result. 

How Long do I Have to File a Claim?

If you are suffering from a medical condition, taking legal action may be the last thing on your mind. But, it is important that you do not wait too long. This is because of the statute of limitations. In New York, the statute of limitations for medical malpractice cases is 2.5 years from the date of the incident. If you fail to file your claim within 2.5 years, you will likely lose your opportunity to recover the compensation you need and deserve. To avoid missing any important deadlines, contact an experienced attorney as soon as possible.

If you or a loved one has been the victim of a doctor’s negligence, you may be entitled to recover compensation. Contact our firm today to speak with a dedicated personal injury attorney.

Contact our Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.

$3,250,000

Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.

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Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.

$1,415,000

Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.

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Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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