(845) 802-0047The successful treatment of medical conditions relies heavily on diagnosing them promptly. While doctors have more knowledge and tools at their disposal than ever before to assess their patients and begin treating their conditions, many patients still suffer severe damages and even death because of a delayed diagnosis.
New York state law allows plaintiffs of a delayed diagnosis to seek justice through the civil court system with a Kingston delayed diagnosis lawyer’s assistance. No matter which ailments you suffered following a medical professional’s failure, a skilled medical malpractice attorney could help you pursue monetary compensation for your damages.
What Is a Delayed Diagnosis?
Delayed diagnosis cases are unique from other malpractice cases since the plaintiff would not likely suffer harm that stems directly from a medical professional’s actions. As an alternative, the doctor or another healthcare staff member may have indirectly caused or perpetuated harm to the patient through their inaction.
Access to treatment options and their respective odds of success may be altered by a doctor’s failure to diagnose a condition promptly. A delayed diagnosis can stem from failing to order the necessary diagnostic tests, failing to notify the patient of their test results, or failing to recognize symptoms.
Late Diagnosis Damages
By not receiving a diagnosis when it should have been given, patients may suffer several kinds of compensable damages. Among others, these include:
- Pain and suffering
- Emotional distress
- Lost wages
- Loss of consortium
- Medical expenses
- Loss of enjoyment of life
- Loss or function of a limb
- Scarring or disfigurement
A knowledgeable delayed diagnosis lawyer in Kingston could help a victim determine what types of damages they sustained and ensure they are all factored into a lawsuit. Comprehensively listing damages and being able to prove they exist are both necessary for a plaintiff to receive a fair award or settlement.
The Certificate of Merit Requirement
New York and many other states have enacted provisions to reduce the number of frivolous lawsuits without any legal merit. As detailed in New York Civil Practice Law & Rules §3012-a, one of these steps is requiring a certificate of merit. This certificate must be submitted by a plaintiff’s lawyer when their delayed diagnosis case is filed in Kingston. As a knowledgeable attorney could explain, the purpose of the certificate is to help keep cases without merit out of the court system.
This certificate must affirm that the plaintiff and their lawyer either met with a licensed medical professional regarding the case and that individual agreed that it has legal merit, or that they attempted to meet with three different licensed medical professionals in good faith and were unable to do so. If filing the certificate would delay the filing of the case past the statute of limitations, the law provides the attorney a 90-day extension to file it after the case filing.
Connect with an Accomplished Kingston Delayed Diagnosis Attorney
If your diagnosis was delayed for any reason and caused you pain and other damages, it may be time to connect with a seasoned Kingston delayed diagnosis lawyer for help. You deserve financial compensation for all that you have endured at the hands of an incompetent medical professional, so call today to schedule a consultation with a compassionate legal professional.