(845) 802-0047While people should be able to receive high-quality medical attention no matter their physical condition or ailment, patients who receive inadequate care may suffer from infections. If these infections go undiagnosed, you could be subjected to scarring or disfigurement, high medical bills, and missed time at work.
If you believe that an infection caused you harm after a doctor failed to identify it, you should speak to a Kingston undiagnosed infections lawyer as soon as possible. A dedicated medical malpractice attorney could help protect your financial and legal interests under such circumstances.
Liability for Undiagnosed Infections
A Kingston undiagnosed infections attorney would need to convince the court of two major elements when attempting to demonstrate liability in a case. First, a doctor owes the patient a duty of care when they assume care of the patient, so a plaintiff and their legal counsel must prove the doctor violated this duty by acting irresponsibly.
For a jury to award financial compensation, though, the doctor’s breach of duty must directly result in damages to the plaintiff. Consequently, a qualified legal representative will need to show that the defendant’s careless actions proximately caused the plaintiff’s injuries.
Plaintiff Liability in an Unidentified Contamination Case
It should be noted that patients also have a duty to act in a reasonably prudent way. While a patient’s role is different from a doctor’s role in their care, upholding this duty is just as important when it comes to civil liability for an infection.
Attorneys for the defense may try to convince the court that the plaintiff is all or partially at fault for their injuries and damages—for example, because they did not adhere to the doctor’s instructions or did not promptly inform their doctor of the symptoms or condition. However, the court is not allowed to consider this possibility in their decision unless it is brought up by the defense.
Comparative Fault in Action
As per New York Civil Practice Law & Rules §1411, plaintiffs can still recover damages from the defendant even if they were found to bear some degree of comparative fault for their injuries. In such cases, the court would be tasked with determining what percentage of fault the plaintiff bears and reducing their awardable damages proportionately based on this percentage.
As an example, if an undiagnosed infection plaintiff was found to be 40 percent liable for their injuries, they would be able to recover a maximum of 60 percent of their total damage award. Potential plaintiffs in Kingston should discuss their potential liability with an undiagnosed infections lawyer to determine how best to go about maximizing their recoverable restitution.
Turn to a Kingston Undiagnosed Infections Attorney for Help
Undiagnosed infections can lead to sepsis and other severe and widespread illnesses, which in turn may cause organ damage, organ failure, and even death. No matter what injuries you suffered, a skilled Kingston undiagnosed infections lawyer could explain your rights and help you take effective legal action.
Calling a driven attorney today to discuss the viability of your injury lawsuit may be crucial to your long-term well-being. Schedule your case consultation to learn more about your legal rights.