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Denial of Requested Medical Tests Can Constitute Medical Malpractice

Medical malpractice can occur in several situations, even though many assume this sort of legal claim only arises when mistakes are made during active treatments or surgeries.  One type of claim that's valid under the laws of New York is that which deals with the refusal by medical care providers to conduct medical tests that turn out to be critically important.  Sadly, one New York soldier could pay the ultimate price for having his request for a colonoscopy denied by the VA.

According to WIVB:

"But a local war veteran says his own VA hospital turned him away for a colonoscopy and now that rejection will cost him his life.

Cohen was diagnosed in August, but this Navy veteran's story starts several years earlier. Because of his family history.

Cohen said, "My grandmother died of colon cancer in the seventies."

And because several other family members showed signs of colon cancer, Cohen asked the VA to conduct a colonoscopy. He says he had colon cancer symptoms.

"I didn't understand why I was not being approved, denied every single request," said Cohen.

Cohen has proof it didn't take long to to deny his requests.

David Cohen provided News 4 with paperwork from the VA showing his December 2008 request for a colonoscopy. The request was received at 15:13 which is 3:13 in the afternoon and denied four minutes later."

This tragic story should tell anyone that if you feel you need help, ask for it forcefully, and continue to seek the help you need.  If you have been wrongfully denied the evaluation you need, you may have legal rights.  However, you'll need the help of New York medical malpractice lawyers who understand what it takes to hold those responsible for these mistakes accountable.  Contact Fitzpatrick & Fitzpatrick today to schedule a free initial consultation.

 


Written on Friday, 02 April 2010 11:15 by New York Injury Lawyer

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