Physicians receive years of education and training to examine, diagnose, and treat ailments. When a misdiagnosis is made, it could cost a patient immensely. They may suffer serious harmed or even die due to a doctor’s misdiagnosis.

If a physician misdiagnosed your medical condition and your health deteriorated as a result, a knowledgeable medical malpractice attorney may be able to help you file a lawsuit based on medical negligence. Consulting with a well-versed Albany misdiagnosis lawyer could be the first step to recovering the compensation you deserve.

Types of Misdiagnosis in Albany

Some medical misdiagnoses do not have serious consequences, but others could impact a patient’s entire life. Common examples of misdiagnosis in Albany include:

  • Asthma which sometimes may be misdiagnosed as recurring bronchitis
  • A cancer misdiagnosis that results in painful, debilitating, and unneeded treatment like chemotherapy and radiation
  • Heart attack misdiagnosed as indigestion, panic attack, or another issue
  • Lymph node inflammation misdiagnosed as appendicitis, possibly leading to unnecessary surgery
  • Staph infection that is mistaken for the common flu
  • Stroke which could be dismissed as migraine or another similar issue, especially in younger patients

Does it Matter if the Misdiagnosis was for a Minor Issue?

No matter what type of misdiagnosis a patient receives, an Albany misdiagnosis attorney may be able to help them recover compensation if the error causes injuries and damages. Even for relatively minor instances of misdiagnosis, the patient’s quality of life and ability to perform as they normally would at work and home could be grounds for a legal claim.

Legal Requirements for a Medical Misdiagnosis Claim

Patients injured by a doctor’s negligence are legally entitled to seek compensation for their damages through the civil court system. However, they must follow certain laws and requirements when doing so.

One such requirement is the statute of limitations. Under New York Civil Practice Law and Rules §214-a, plaintiffs in a medical misdiagnosis case only have two years and six months to file their claim in court.

This makes consulting with a misdiagnosis lawyer in Albany soon after learning of the misdiagnosis potentially very important. If this deadline is not adhered to, injured patients may be barred from seeking compensation for their injuries.

What is a Certificate of Merit?

A certificate of merit is required for all medical cases in Albany, per New York Civil Practice & Law Rules §3012-a. With a certificate of merit, the attorney for the plaintiff states that one of the following circumstances is true:

  • The attorney consulted with at least one medical professional with experience in the same type of medicine as the defendant who agrees that a valid legal claim exists
  • The attorney attempted three separate times in good faith to meet with medical professionals with the experience in the same type of medicine as the defendant but was unable to do so

If completing the requirements for the certificate of merit would delay the case filing past the statute of limitations, an additional 90-days to file the certificate is allowed after filing the case. Without a certificate of merit, the case could be quickly dismissed by a judge.

Hire a Skilled Albany Misdiagnosis Attorney Today

If your life is impacted by a misdiagnosis of any kind, it may be time to retain a skilled Albany misdiagnosis lawyer. By showing the court that the defendant negligently caused your damages, an attorney could help you more effectively seek the compensation you are entitled to receive. Call today to learn more.