Testing and diagnostics play a significant role in modern medicine. Whether it is through blood work, radiographs, endoscopic procedures, or other means, the appropriate tests must be conducted to accurately diagnose and treat many patients.

While doctors can and should rely on these tools to help their patients, inadequate testing might lead to serious—and even life-threatening—conditions going untreated. Consequently, a patient might suffer a severe and possibly preventable injury or worsened condition due to a doctor’s negligence.

A Kingston inadequate testing lawyer might be able to help you and your family if you were injured after a medical professional failed to properly screen for your condition or injury. A compassionate medical malpractice attorney could help by providing the support and guidance needed to file a claim for compensation.

Certificate of Merit Required for Insufficient Medical Examination Lawsuits

Like other malpractice lawsuits, a case founded upon insufficient tests requires a certificate of merit. These certificates are intended to help reduce the number of unfounded cases which waste time and resources of the court system. To be valid, the certificate must attest that one of the following is true:

  • The attorney conducted a consultation with a medical expert who is licensed to practice in the United States and agrees that the case has merit from a medical standpoint
  • While three separate attempts were made to consult with three different medical experts, the attorney was unable to do so

When Must a Certificate of Merit be Filed?

Additional requirements for a certificate of merit can be found in New York Civil Practice & Law Rules §3012-a. A claimant—and, if retained, their dedicated Kingston attorney—must submit a certificate along with the filing of an inadequate testing lawsuit. It should be noted that if adhering to this timeline would be detrimental to filing the case within the statute of limitations, the courts might extend the deadline for the certificate by 90 days after the case is filed.

Collectible Damages for a Lack of Testing in Kingston

While there are no limits to the amount of damages a plaintiff and the dedicated attorney can seek or receive in New York, it is crucial for anyone seeking compensation to understand how to calculate the extent of their losses for a claim properly. A well-versed inadequate testing lawyer in Kingston could help individuals calculate damages for their claim.

Damages can be both economic and non-economic in nature and might include physical, social, financial, and occupational losses. These might include:

  • Pain and suffering
  • Loss of companionship
  • Loss of consortium
  • Past and future lost wages
  • Past and future medical bills

What are Punitive Damages?

Unlike compensatory damages, punitive damages aim to punish a defendant for wanton, malicious, or grossly negligent behavior. They are also used as a deterrent from others engaging in similar behavior. As an experienced attorney could explain, these are reserved for certain cases and do not apply to every case of inadequate testing in Kingston.

Seeking Help from a Kingston Inadequate Testing Attorney

Consulting with a Kingston inadequate testing lawyer could be beneficial if you or a family member did not receive an appropriate medical diagnosis or treatment. If your physician or other medical staff did not utilize the tools available to them in a way that other reasonably prudent medical providers would have, a skilled attorney could fight to hold the responsible party accountable for the damages you suffered.

While no amount of compensation could reverse what has happened, a successful claim might help to recover your lost wages, medical expenses, and other losses. In doing so, you might be able to alleviate your financial burden and focus on your recovery. Call a legal professional today to learn more.