When medical professionals fail to uphold their duties, a delayed diagnosis could occur. In medical malpractice, a delayed diagnosis has the potential to cause just as much damage as a misdiagnosis, since losing valuable treatment time could mean life or death in numerous medical conditions.

If a delayed diagnosis negatively impacted you or your loved one, you may benefit from consulting with a Newburgh delayed diagnosis lawyer. A seasoned medical malpractice attorney could assess your case and help you pursue compensation for the injuries you sustained as a result of your doctor’s negligence.

Elements of a Successful Delayed Diagnosis Case

A delayed diagnosis can occur with any condition or disease, but they occur more commonly in certain circumstances over others. Conditions frequently resulting in a delayed diagnosis include cancer, infections, heart disease, stroke, pulmonary embolism, meningitis, appendicitis, autism, and multiple sclerosis.

In order to recover damages on a plaintiff’s behalf, a Newburgh delayed diagnosis attorney must be prepared to demonstrate several points in the injured patient’s case. Regardless of whether the case goes to court, an attorney must have sufficient evidence to prove the elements of negligence to litigate a case successfully, which are as follows:

  • The doctor or other medical professional had a duty to provide a reasonable standard of care to the plaintiff
  • The doctor or medical professional violated this duty
  • The violation of that duty led to the plaintiff’s injuries
  • The plaintiff incurred damages because of their injury

Parties That May Be Liable

As with many other injury cases, a delayed diagnosis claim may have multiple defendants who are potentially liable for the damages incurred by the plaintiff. Depending on the circumstances, potential defendants in such a malpractice case could include:

In some cases, the court also may find the plaintiff liable for a portion of their damages. For instance, a patient may not have disclosed all of their symptoms to their physician or failed to answer the doctor’s questions honestly when the medical professional was first diagnosing their patient. However, it is important to note that for the court to consider a plaintiff’s liability in their own injuries, the defense attorney must first bring up this argument.

If the judge or jury rules that the plaintiff is partially liable, they may assign the injured party a degree of fault. With the help of a skilled delayed diagnosis lawyer in Newburgh, a plaintiff may still be able to recover or settle for the portion of their damages for which they are not liable.

The Statute of Limitations for Delayed Diagnosis Cases

There is a deadline that come with filing a medical malpractice lawsuit but identifying this deadline could be challenging in the case of a delayed diagnosis. The deadline—referred to as the statute of limitations—requires a patient that suffered a medical injury due to a delayed diagnosis to file a lawsuit within a limited amount of time. If they fail to do so, they could miss out on the chance to secure compensation for their injuries.

Generally, the statute of limitations in New York for a delayed diagnosis case is two years and six months. If a plaintiff files their lawsuit after that 30-month period expires, the court could have little choice to dismiss the case with prejudice.

The statutory period generally begins to run at the point a medical injury occurs. This can be challenging to identify in delayed diagnosis cases for two reasons. First, the symptoms of a delayed diagnosis might not appear immediately. Second, it can be difficult to pinpoint the moment that the diagnosis was first missed.

To protect patients in these circumstances, New York has adopted something known as “Lavern’s Law.” Under this law, the statute of limitations could be paused in cases involving a delayed or ignored diagnosis of cancer or a malignant tumor. This exception is designed to provide legal recourse in cases where a person who is a victim of a delayed diagnosis does not learn of their condition until it is too late to treat it.

Compensation for a Delayed Diagnosis Lawsuit

Financial compensation is the ultimate recourse in a delayed diagnosis lawsuit. There could be numerous emotional, financial, and physical hardships experienced by a patient when their diagnosis is delayed. There are several types of compensation that could be awarded in these instances.

Medical Expenses

The cost of additional medical care is often a major issue following a delayed diagnosis. While any medical treatment could be costly, dealing with a condition following a delayed diagnosis could be particularly expensive. A lawsuit with the aid of a Newburgh delayed diagnosis attorney could recoup the cost of hospitalization, surgical procedures, and prescription medication.

Lost Wages

Many patients who are impacted by a delayed diagnosis are unable to return to work. This can be true both before and after the accurate diagnosis is eventually made. Compensation could be available to replace those lost wages.

Pain and Suffering

Pain is commonplace following a delayed diagnosis and conditions like undiagnosed joint injuries can lead to severe chronic pain. The same is true for illnesses that go untreated. Financial compensation could be available for this physical pain and suffering.

Diminished Future Earning Power

Sometimes an injury or illness that stems from a delayed diagnosis could permanently impede a patient’s ability to earn a living. Some physical disabilities or illnesses could make it impossible to take on certain types of jobs, and these limitations could reduce the amount of earnings a person could secure in the future. A lawsuit could help make up the difference between what they could have made in the future and their potential wages due to their current condition.

Get Help from a Dedicated Newburgh Delayed Diagnosis Attorney

A delayed diagnosis could lead to many different damages and a lifetime of suffering for the patient and their family. They may experience additional medical expenses, lost wages, and pain and suffering as a result of receiving a late diagnosis.

If a medical care provider negligently causes you to suffer injury as a result of a late diagnosis, a Newburgh delayed diagnosis lawyer could help you hold that medical professional accountable. Call an attorney today to set up an initial consultation.