(845) 802-0047The National Institutes of Health (NIH) estimate that the rate of cancer mortality in the United States will rise to 13.1 million deaths each year by 2030. However, certain kinds of cancer that are detected at an early stage and adequately treated have a high chance of being cured.
If you or someone you love did not receive a cancer diagnosis when they should have, an experienced Hudson Valley delayed cancer diagnosis lawyer might be able to help you build a case against the negligent doctor. You may be entitled to receive monetary compensation for your losses, and a qualified cancer malpractice attorney could work with you to pursue it.
Delayed Cancer Diagnosis Liability in Hudson Valley
Physicians practicing in all areas of medicine are expected to provide the same care that another reasonably prudent physician would provide under the same circumstances. Whenever a doctor provides care for a patient, they have a duty to adhere to that standard of care. If they fail to fully investigate a patient’s symptoms and complaints, causing them to miss or delay diagnosing a patient’s cancer, they may have breached that duty of care.
If a Hudson Valley delayed cancer diagnosis attorney is able to prove that a doctor’s breach of duty directly caused the injury to the patient they represent, the doctor could be held liable for the damages they cause the plaintiff to suffer. These damages may include:
- Pain and suffering
- Decreased life span
- Loss of enjoyment of life
- Medical expenses
- Lost wages
Statute of Limitations for Cancer Diagnosis Lawsuits
Generally, anyone who desires to file a medical malpractice lawsuit has two years and six months to do so under New York state law. This statutory period begins from the date of the alleged negligent act or the last date of treatment, whichever comes later. If their case is not filed within the deadline set by the statute of limitations, a prospective plaintiff may forfeit their right to seek legal recourse for their injuries and losses.
In 2018, the statute of limitations applicable to medical malpractice cases changed to make an exception for some cancer patient plaintiffs. Specifically, an amendment to the New York Civil Practice Law & Rules §214-c might benefit plaintiffs when a lawsuit is based on an alleged failure to treat or diagnose cancer properly. In this type of case, the statute of limitations does not start until the patient knows or reasonably should have known that such negligence caused their injury.
However, under no circumstances may a delayed cancer diagnosis case be filed more than seven years after from the date of the alleged negligence or last date of continuous treatment. Potential plaintiffs could ensure that their claim is filed within the applicable statute of limitations by hiring a qualified delayed cancer diagnosis lawyer in Hudson Valley.
Consult with a Hudson Valley Delayed Cancer Diagnosis Attorney
Anyone who has suffered due to delayed cancer diagnosis may also be eligible to pursue compensation for their losses with the assistance of a knowledgable attorney. It may be essential to consult with a Hudson Valley delayed cancer diagnosis lawyer if a delayed cancer diagnosis has negatively impacted your health. Call today to find out if you have a claim and how much it might be worth.