Cancer is a leading cause of death in America today, according to information released by the U.S. Center for Disease Control. Fortunately, patients who receive a cancer diagnosis have advanced knowledge about the disease and innovative treatment methods at their disposal. However, many of these treatments are more effective and may lead to an increased chance of survival when they are used sooner rather than later.

If you received a delayed diagnosis, you might have lost valuable treatment time for cancer, which could serve as grounds for a malpractice case that a qualified car malpractice attorney could help you file. An Albany delayed cancer diagnosis lawyer could help answer questions and file legal claims for patients who experience this form of malpractice.

Seeking Compensation for a Delayed Cancer Diagnosis

The first step in seeking civil compensation for delayed cancer diagnosis in Albany is to meet with an experienced attorney. Once a potential plaintiff explains their circumstances and potential damages, their lawyer could help them determine if they have a valid claim.

What is the Statute of Limitations?

As found in New York Civil Practice Law and Rules §214-a, plaintiffs seeking compensation for a delayed cancer diagnosis have a time limit of two years and six months to file their claim. This deadline is known as the statute of limitations and is state-imposed. If a cancer patient does not file their case within this time frame, they would likely not have the legal right to pursue compensation.

What is Gathered in the Discovery Phase?

After a lawsuit is filed, the discovery phase of the case begins. During this time, both sides of the case research and share information such as:

  • Medical records
  • Sworn depositions of the plaintiff, defendants, and any witnesses
  • Insurance policies
  • Medical bills
  • Employment records

A settlement could be negotiated during this phase or any time up to and during a trial. A settlement is not an admission of guilt on the part of the defendants, but rather an agreement to pay the plaintiff a sum to drop the lawsuit.

In return, the plaintiff agrees to not seek legal compensation by filing another lawsuit for the same event against the defendant. A delayed cancer diagnosis lawyer in Albany could fight for the best settlement possible on a plaintiff’s behalf before trial.

Damages Stemming From a Late Cancer Diagnosis

In a civil case, damages represent the financial and non-financial losses a plaintiff has suffered or will suffer in the future. A late cancer diagnosis has the potential to lead to severe injuries and losses for the patient and their family members, so plaintiffs should discuss the following potentially recoverable damages with their legal counsel:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Physical limitations
  • Disfigurement and scarring
  • Loss of consortium
  • Past and future lost income
  • Past and future medical bills

Seek Legal Help From an Albany Delayed Cancer Diagnosis Attorney

All people deserve timely and appropriate medical care, especially when they suffer from any form of cancer. If you received a delayed cancer diagnosis, you might be experiencing consequences that could have been avoided if your diagnosis was made sooner.

By hiring a qualified Albany delayed cancer diagnosis lawyer, you might find that you are entitled to compensation for your late diagnosis damages. Call today to get the legal help you may need to pursue financial recovery effectively.

Albany Cancer Malpractice Lawyer