(845) 802-0047Cancer is a serious diagnosis that often requires swift and rigorous treatment for remission and survival. If cancer is misdiagnosed for another condition, valuable time may be lost. During this time, the condition could grow and become even more serious and more difficult to treat.
Delayed diagnosis and treatment for cancer could cause significant pain and suffering, additional financial expenses, and may even threaten a patient their life. While a Newburgh cancer malpractice lawyer cannot change the circumstances of what happened to you, they could help you seek compensation for your damages as you move forward in your treatment and life. Reach out to a compassionate medical malpractice attorney to learn your rights.
Is a Cancer Misdiagnosis a Valid Legal Claim?
One key element every malpractice injury lawsuit must have is proof that the physician breached their duty of a professional standard of care. Critically, a misdiagnosis is not always a breach of duty in this regard.
The traditional “standard of care” for medical providers entails doing what a reasonable physician would do in the same situation. Expert testimony will be needed on both sides of the case to show how the standard of care was or was not met. Simply not diagnosing or providing a misdiagnosis does not necessarily give merit to a malpractice claim.
Proving that the doctor failed to exercise reasonable care is simply the first step, though. The plaintiff’s Newburgh attorney must also convince the court that the injuries suffered by the plaintiff were a direct result of the defendant’s actions and that they suffered damages because of the cancer malpractice injury.
What are the Filing Requirements for a Cancer Malpractice Case in Newburgh?
State law allows plaintiffs of medical malpractice a legal avenue to seek compensation for their injuries. It must be noted that certain requirements must be followed for the plaintiff or their cancer malpractice attorney in Newburgh to pursue damages. More specifically, it is important that potential plaintiffs are aware of the statute of limitations and the certificate of merit requirements.
Statute of Limitations
Plaintiffs must file their medical malpractice lawsuit within two years and six months of the date of their injury, as per New York Civil Practice Law and Rules § 214-a. If they fail to do so, the case may no longer be valid, and they usually stand little to no case of recovering for their damages.
Certificate of Merit
When an attorney files a cancer malpractice case, a certificate of merit must be filed along with it. If the statute of limitations prevents the Newburgh attorney from doing so, the law provides for a 90-day extension after the initial cancer malpractice case filing to file the certificate of merit.
As detailed in New York Civil Practice & Law Rules § 3012-a, the certificate of merit must certify that one of the following is true:
- The plaintiff’s attorney consulted with a licensed doctor regarding the facts of the cancer malpractice case who, based upon that consultation, believes the lawsuit has merit
- The lawyer made three separate attempts in good faith at consulting with physicians and was unable to comply with this requirement
Rely on a Newburgh Cancer Malpractice Attorney
A cancer malpractice case is not one a person should handle without the professional assistance and representation of an experienced attorney. Retaining a Newburgh cancer malpractice lawyer could help a plaintiff receive compensation for all their damages, both economic and non-economic.
Do not wait to take legal action, as your legal rights may expire. If you are ready to find out if you have a valid claim or how much your claim may be worth, call today.