(845) 802-0047Patients rely on their physicians to promptly and correctly diagnose any conditions they may be suffering from. Accordingly, doctors have many tools and diagnostic tests at their disposal to identify infections. However, some severe infections still go undiagnosed, causing avoidable damage to a patient due to their physician’s negligence.
When this happens, patients could suffer immensely, as experienced medical malpractice attorneys know all too well. If this situation has happened to you, reach out to an Albany undiagnosed infections lawyer to learn more about your legal rights and potential compensation.
Damages Caused by Undiagnosed Infections
When a medical practitioner fails to diagnose an infection correctly, their patient may suffer a variety of injuries and losses. These losses—known legally as damages—are what compensation is based on in a successful civil lawsuit. An Albany undiagnosed infections attorney could help a malpractice victim determine which of the following damages may apply in their case:
- Pain and suffering
- Scarring and disfigurement
- Medical expenses
- Lost wages and income
- Loss of quality of life
- Loss of consortium
- Loss of companionship
- Death
Filing Requirements in Albany Undiagnosed Infection Cases
Residents of Albany have various rights in malpractice cases, but they must follow certain filing requirements in order to preserve those rights and effectively seek justice. Two major requirements plaintiffs should be aware of are the statute of limitations and the certificate of merit.
Is There a Time Limit to File a Lawsuit for an Undiagnosed Infection in Albany?
A statute of limitations provides a set time limit for plaintiffs to file civil claims. Under New York Civil Practice Law and Rules §214-a, the statute of limitations for undiagnosed infection cases is two years and six months from the date of the related instance of malpractice. If a case is filed after this time limit, it is highly likely that the plaintiff would be unable to seek damages for their injuries. Fortunately, an undiagnosed infections lawyer in Albany could help one with filing a viable claim promptly.
Certificate of Merit Requirement
An undiagnosed infection case must also be accompanied by a certificate of merit. As outlined in New York Civil Practice & Law Rules §3012-a, a certificate of merit must be filed with the original malpractice complaint and must state that either:
- A medical expert with similar experience and qualifications as the defendant in the case has reviewed the available evidence and concluded that the plaintiff’s case has merit
- The plaintiff’s attorney made three individual attempts in good faith to consult with a medical expert about the case but was unable to do so
If the filing of the certificate of merit would prevent a case from being filed within the statute of limitations, the law grants a 90-day extension past the statute of limitations to file the certificate of merit.
How Could an Attorney Help After a Doctor Fails to Diagnose an Infection?
Your physician must treat you with the same standard of care that other physicians would use. If your physician breached this duty and failed to diagnose an infection, an Albany undiagnosed infections lawyer could help you work to hold them liable for any damages that you endured.
When you seek help from an undiagnosed infection attorney, your case will be handled with compassion and confidentiality. Find out more about the case process, what your case could be worth, and your legal options by calling today and scheduling a consultation.