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Buffalo Delayed Diagnosis Lawyer: Medical Malpractice in Western NY

Excerpt: If you or a loved one suffered because a Buffalo-area doctor delayed your diagnosis, you need a Western New York medical malpractice attorney who understands the local courts, hospitals, and deadlines.

Delayed Diagnosis in Western New York

Buffalo is the second-largest city in New York State and the medical hub of Western New York. With major hospitals including Buffalo General Medical Center, Erie County Medical Center (ECMC), Roswell Park Comprehensive Cancer Center, Oishei Children's Hospital, and Mercy Hospital, the Buffalo metropolitan area handles a high volume of patients — and a correspondingly high number of diagnostic errors.

A delayed diagnosis occurs when a physician fails to diagnose a condition in a timely manner, allowing the condition to progress and cause additional harm. In Buffalo, as in the rest of New York, delayed diagnosis is one of the most common — and most dangerous — forms of medical malpractice.

If you or a loved one suffered because a Buffalo physician delayed your diagnosis, this guide explains your legal rights.

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Common Delayed Diagnosis Cases in Buffalo

Delayed Cancer Diagnosis

Buffalo is home to Roswell Park Comprehensive Cancer Center — one of the nation's premier cancer centers. However, delayed cancer diagnosis can occur at any Buffalo-area facility when:

• Mammograms are misread — Breast cancer missed on imaging
• CT scans are misinterpreted — Lung, liver, or pancreatic tumors missed
• Colonoscopies are incomplete — Polyps or tumors missed
• Pathology is misread — Biopsy results misinterpreted
• Abnormal results are not followed up — Patients lost to follow-up

The consequences of a delayed cancer diagnosis can be catastrophic — allowing cancer to progress from a curable early stage to an advanced, less curable stage.

[Link to: /medical-malpractice/cancer-misdiagnosis]

Delayed Heart Attack Diagnosis

Heart attacks require immediate diagnosis and treatment. If a Buffalo emergency room — such as Buffalo General or ECMC — failed to recognize heart attack symptoms, failed to order an ECG within 10 minutes, or failed to obtain serial troponins, the delay may have caused additional heart damage.

[Link to: /blog/delayed-diagnosis-heart-attack-er-negligence]

Delayed Stroke Diagnosis

Stroke is a time-critical emergency. If a Buffalo hospital failed to rapidly evaluate stroke symptoms, failed to obtain a prompt CT scan, or failed to administer tPA within the treatment window, the delay may have caused permanent brain damage.

Delayed Sepsis Diagnosis

Sepsis is a leading cause of death in hospitals. If a Buffalo hospital or nursing home failed to recognize the signs of sepsis — fever, tachycardia, hypotension, altered mental status — or failed to start antibiotics within 1 hour, the resulting delay may have been fatal.

[Link to: /blog/delayed-sepsis-diagnosis-hospital-nursing-home-neglect]

Delayed Diagnosis in Buffalo Nursing Homes

Buffalo has a significant elderly population and many nursing homes. Delayed diagnosis in nursing homes is a common and dangerous problem, particularly for:

• Pressure ulcers (bedsores) — That become infected
• Urinary tract infections — That progress to sepsis
• Pneumonia — That goes untreated
• Dehydration and malnutrition
• Falls — With delayed diagnosis of fractures or head injury

Buffalo-Area Hospitals and Diagnostic Errors

Buffalo General Medical Center

As part of the Kaleida Health system, Buffalo General is a major teaching hospital affiliated with the University at Buffalo Jacobs School of Medicine. As a teaching hospital, it has residents and fellows involved in patient care — and questions of adequate supervision may arise in delayed diagnosis cases.

Erie County Medical Center (ECMC)

ECMC is a public hospital — which has important legal implications:

• Notice of claim must be served within 90 days
• Claims must generally be filed within 1 year and 90 days (Court of Claims Act)
• Cases must be filed in the appropriate court

If your delayed diagnosis occurred at ECMC, the notice of claim deadline is critical. Do not wait — consult an attorney immediately.

Roswell Park Comprehensive Cancer Center

Roswell Park is a comprehensive cancer center specializing in cancer diagnosis and treatment. Delayed cancer diagnosis claims at Roswell Park may involve:

• Radiology errors — Misread imaging
• Pathology errors — Misread biopsies
• Failure to follow up — On abnormal results
• Treatment delays — After diagnosis

Oishei Children's Hospital

As Western New York's only children's hospital, Oishei handles pediatric cases. Delayed diagnosis in children can involve:

• Meningitis — Missed in the pediatric ER
• Appendicitis — Attributed to gastroenteritis
• Congenital conditions — Missed on newborn screening
• Pediatric sepsis — A leading cause of death in children

New York State Law Applied to Buffalo Cases

Statute of Limitations

Under CPLR 214-a, the statute of limitations for medical malpractice in New York is 2.5 years from the date of the malpractice — regardless of whether the malpractice occurred in Buffalo or New York City.

Lavern's Law

New York's Lavern's Law may extend the deadline in cases involving cancer, where the patient may not discover the diagnostic error until months or years later. Under the discovery rule, the statute may begin when the patient discovered (or should have discovered) the malpractice.

Continuous Treatment Doctrine

If you continued receiving treatment from the same provider for the same condition, the statute of limitations may be tolled (paused) during the treatment period.

Public Hospital Deadlines (ECMC)

If your delayed diagnosis occurred at ECMC (a public hospital), a notice of claim must be served within 90 days of the incident. An attorney can seek leave to file a late notice of claim, but do not assume you have time — consult an attorney immediately.

Why You Need a Buffalo-Aware Attorney

While MDLaw Firm is based in New York City, we handle delayed diagnosis cases across New York State, including Buffalo and Western New York. We understand:

• The local hospitals — Buffalo General, ECMC, Roswell Park, Oishei, Mercy Hospital
• The local medical community — Including the University at Buffalo medical school and its training programs
• The local court system — Erie County Supreme Court and the Court of Claims for public hospital cases
• The public hospital deadlines — The 90-day notice of claim for ECMC
• The local medical experts — We work with qualified medical experts across New York State

Frequently Asked Questions

How long do I have to file a delayed diagnosis claim in Buffalo?

Under CPLR 214-a, the deadline is generally 2.5 years from the date of the malpractice. Lavern's Law may extend this for cancer cases. If the malpractice occurred at ECMC (a public hospital), a notice of claim must be served within 90 days.

Can I sue Roswell Park for delayed cancer diagnosis?

Yes. If a physician, radiologist, or pathologist at Roswell Park failed to diagnose your cancer in a timely manner — and the delay caused additional harm — you may have a malpractice claim.

Is ECMC a public or private hospital?

ECMC is a public hospital. This means a notice of claim must be served within 90 days, and claims must generally be filed within 1 year and 90 days.

Can a NYC law firm handle my Buffalo case?

Yes. MDLaw Firm handles delayed diagnosis cases across New York State, including Buffalo and Western New York. We work with local medical experts and understand the local court system.

What if the delayed diagnosis occurred at a Buffalo nursing home?

Delayed diagnosis in nursing homes is a common and dangerous problem. If a Buffalo nursing home failed to recognize and treat your loved one's condition — such as infection, pressure ulcers, or dehydration — you may have a malpractice claim.

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If you or a loved one has been affected by a delayed diagnosis in Buffalo or Western New York, contact MDLaw Firm at 347-524-5777 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.