Legal Question in Medical Malpractice in New York
Failure to inform patient of positive pap test
In April of 99 I was given a pap smear test by my Gyn doctor. I was not notified as to positive results. This month I was experiencing heavy and abnormal bleeding and decided to call the office for advice. When they pulled my chart the nurse realized that I had an abnormal reading on pap test one year ago and I was told I needed to come in for further tests. I went in the next day because I wanted to know why I had not been notified a year ago. She was very apologetic and admitted that it was a mistake on their part. Apparently my test results were filed in my chart and never looked at by the nurse or the doctor or put into their computer which is their procedure. It is now a year later. I don't know if I have cancer but a year has gone by in which whatever abnormal cells I do have, have had a chance to grow. Hopefully everything will be okay but the thought of something being wrong with me and my not knowing about it because of a stupid, negligent mistake angers me.
1 Answer from Attorneys
Re: Failure to inform patient of positive pap test
I am not certain of the question that you ask...but...generally there is a 2 1/2 year statute of limitations onmedical malpractice actions. A bad or porr result does not mean that there was malpractice. Hopefully your new tests will be negative and all will be okay. To recover for medicval malpractice, there must be some damages that would not have existed except for the malpractice.
In other words, it must be shown, that it was more likely than not, that the failure of the pap (to read the results) directly led to your problem (and not something else).
Good luck.
RRG
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