(845) 802-0047An improper medical diagnosis can cause unnecessary delays in treatment, which could lead to a patient’s condition getting worse and, in some cases, becoming fatal. When a healthcare professional’s negligence causes the misdiagnosis of a medical condition, there could be grounds for legal action that a seasoned failure to diagnose attorney could investigate.
However, there must be evidence that the provider’s actions violated the medical standard of care, and that the wrongful diagnosis caused the patient to sustain harm because of these actions. A Kingston misdiagnosis lawyer from our firm could help answer any questions you may have about a claim.
Different Types of Medical Misdiagnosis Lawsuits
Lawsuits can result from various types of misdiagnoses from medical malpractice, and some examples include:
Failure to Diagnose
This can occur because the healthcare professional fails to recognize symptoms and identify the condition.
Incorrect Diagnosis
An incorrect diagnosis could include misidentifying and treating a patient for a different condition because of errors in the interpretation of results or failure to review the patient’s medical history.
Delayed Diagnosis
Delayed diagnosis because a doctor deviated outside of the acceptable diagnosis standard, allowing the condition to become life-threatening or fatal.
Missed Diagnosis
Missed diagnosis resulting from failure to identify an illness or condition during an examination and evaluation, despite clear signs being present.
Complications
Another form of misdiagnosis is failing to recognize complications and underlying factors despite evidence from test results or symptoms.
A Kingston misdiagnosis attorney has extensive experience with cases involving personal injury statutes and the medical field and will fight tirelessly to protect the patient’s rights. They could review the case to determine the type of malpractice case and craft a legal strategy to successfully prove the elements of negligence to the court.
Elements of Medical Malpractice
Establishing medical malpractice, such as misdiagnosis claims for damages, requires the injured patient to prove that four elements are present, and those include:
- The treating healthcare provider, also called the defendant, owed the person the legal duty of patient care
- The physician breached or violated their legal responsibilities by deviating outside the acceptable standard of care
- The breach caused the patient harm, and if another doctor practicing in the same or similar fields had treated them, they would have diagnosed and treated them promptly
- The patient sustained verifiable damages and losses because of the negligent medical care they received
Establishing liability in malpractice lawsuits requires correctly identifying each element and skillfully navigating the complexities of civil court procedures, and a Kingston lawyer could help with this process.
Expiration Date for Initiating Legal Action
State laws limit the time an injured patient or a deceased patient’s family must initiate legal action in civil court. Per the New York Civil Practice and Rules § 214-a guidelines, the person bringing the claim must file the case within two years and six months of the date the malpractice occurred.
That includes actions causing patients harm, omission, or failure to treat. In the case of misdiagnosis claims, the clock starts on the date of the provider’s last treatment or the day the patient reasonably discovers they sustained damages due to the medical care they received. A misdiagnosis lawyer in Kingston can handle the legal work, including court filings, to ensure compliance with state regulations.
Call a Knowledgeable Misdiagnosis Attorney in Kingston Today for Help
When you seek treatment for an illness or medical condition from a certified healthcare provider, you have every right to trust they will provide the necessary legal and professional standard of care. However, that is not always the case, and patients sustain the severe consequences of their carelessness as a result.
When doctors, nurses, and other certified healthcare providers or facilities fail to follow acceptable protocols, deviate from standard procedures, and make mistakes, the civil court will hold them financially responsible. A qualified Kingston misdiagnosis lawyer understands your situation and can guide you with solid legal advice, protect your rights inside and outside the courtroom, and fight for a just outcome. Contact our firm today for help.