Kingston Cancer Malpractice Lawyer

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Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

While the seriousness of a cancer diagnosis is well known to most Americans, recent advances in medical knowledge and technology have allowed cancer patients to beat the previous odds and living longer lives. However, if a physician nonetheless fails to diagnose cancer or to provide effective treatment, patients could lose valuable time and suffer serious—or potentially even fatal—damage.

In these circumstances, a compassionate Kingston cancer malpractice lawyer could review your case and help build your injury claim. If you or a loved one were injured by a medical professional’s failure to treat your condition, a well-practiced medical malpractice attorney could help.

How Does Cancer Malpractice Happen in Kingston?

There are many actions and inactions that a physician could commit that would constitute cancer malpractice. Situations that may give rise to a cancer malpractice claim include:

Misdiagnosing cancer
Failure to diagnose cancer
Negligently prescribing the wrong treatment
Overprescribing a treatment

Cancer malpractice can lead to tremendous physical and emotional suffering or even premature death for patients. Given the severity of these possible consequences, consulting with a Kingston cancer malpractice attorney could be of critical importance if a healthcare provider is negligent in any of these ways.

Conditions to File a Cancer Malpractice Lawsuit in Kingston

The success of a cancer malpractice lawsuit is dependent on filing the case within the specified deadline, supplying a certificate of merit, and several other factors. Not meeting these conditions could be detrimental to a malpractice case before it even gets started. By hiring a cancer malpractice lawyer in Kingston, plaintiffs could ensure that their legal rights are secure.

Filing Deadline

Under New York Civil Practice Law & Rules § 214-a, potential cancer malpractice plaintiffs must file their lawsuit within two years and six months of the date of their injury. They could alternatively file within two years and six months of the date that they discovered—or reasonably should have discovered—their injury. If this deadline passes without the filing of their legal claim, there is a high probability that a plaintiff would lose their right to seek compensation.

What is Required in a Certificate of Merit for Cancer Malpractice?

In conjunction with filing a case within the statute of limitations, NY CPLR §3012-a requires that plaintiffs or their legal counsel file a certificate of merit for their cancer malpractice case. The certificate must attest to one of two statements:

The attorney met with a minimum of one licensed medical professional to discuss the details of the cancer malpractice case, and the professional agrees that the case has merit
The attorney attempted in good faith to meet with three different licensed medical professionals to discuss the merit of the case and was unable to do so

The law requires that the attorney files the certificate at the same time as the legal complaint. If doing so would prevent the attorney from filing the case within the statute of limitations, the law grants a 90-day extension to file the certificate of merit.

Call a Kingston Cancer Malpractice Attorney

While doctors should ideally be both competent and caring, medical professionals still sometimes behave negligently and make grave mistakes. If you have suffered from a doctor’s inability to diagnose or treat cancer properly, you deserve compensation for your damages. To learn more about how a Kingston cancer malpractice lawyer could help you get your case started, call today for a consultation.