When you go to a doctor with symptoms or concerns about your health, you should be able to expect that the doctor will use whatever means necessary to diagnose your condition. Doctors are expected to provide evaluation and treatment according to the standard of care for their particular field. If they fail to do this and leave an infection undiagnosed, the results could be catastrophic.

If you or a family member experienced this situation, you need to be aware that you may have legal recourse available to you that a seasoned malpractice attorney could help you pursue. A skilled Hudson Valley undiagnosed infections lawyer could work to hold a doctor responsible if they did not meet the applicable standard of care and failed to properly diagnose an existing infection.

The Deadline for Filing an Undiagnosed Infections Lawsuit in Hudson Valley

As per New York Civil Practice Law & Rules §214-a, the statute of limitations for any claim alleging medical malpractice is two years and six months from the date of the incident. However, the law does make exceptions in some delayed diagnosis cases by allowing the statutory period to begin after the patient reasonably knows that the negligence of a healthcare provider led to their damages.

However, no more than seven years may pass after the incident before a case is filed. A case not filed within the allowed time frame will usually not be addressed by the court. The same statute of limitations applies whether a plaintiff hires a Hudson Valley undiagnosed infections attorney or files their case themselves. That being said, the sooner a malpractice victim contacts a legal representative, the sooner that representative could start collecting evidence and working on their case.

Damages Caused by Undiagnosed Infections

Modern medicine allows doctors to aggressively and promptly treat infections with antibiotics and antiviral medications. If doctors do not thoroughly examine their patients and run the necessary tests, though, they may not be able to diagnose an infection.

If an infection goes undiagnosed, a patient could face multiple health problems, including sepsis, organ failure, and even premature death. For victims and their families, this can result in losses such as:

  • Additional medical expenses
  • Past and future lost wages or income
  • Pain and suffering
  • Scarring or disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of a bodily function

These kinds of damages are the basis for the amount of compensation a plaintiff could receive if the doctor or medical institution that treated them is found civilly liable. If an agreement is negotiated between a plaintiff’s undiagnosed infections lawyer in Hudson Valley and the lawyer for the defense, the plaintiff’s damages would be accounted for in a private settlement.

Consult with a Hudson Valley Undiagnosed Infections Attorney

You should not have to live with the consequences of a doctor breaching their duty of care to you. Consulting with a Hudson Valley undiagnosed infections lawyer after your physician failed to diagnose an infection could be the first step in recovering the compensation you deserve.

A knowledgeable attorney could appraise you of your legal options and provide you with a plan for moving forward. Reach out today to schedule a consultation with an experienced lawyer.