Patients trust their doctors to make a correct diagnosis, whether they are suffering from a common cold or a life-threatening disease such as cancer. While doctors may make mistakes, they are expected to adhere to the standard of care for their area of practice. A misdiagnosis may occur if a physician does not follow this standard and fails to investigate their patient’s symptoms further.

If a medical professional gave you an improper diagnosis, you may want to contact a Newburgh misdiagnosis lawyer. An experienced medical malpractice attorney could help you assess your case to determine if your doctors followed proper procedures based on your symptoms and test results.

Misdiagnosis Statute of Limitations

All potential plaintiffs should be aware that under New York Civil Practice Law and Rules § 214-a, they are only allowed two years and six months to file their medical malpractice claim. This statute of limitations is in place to help potential defendants avoid lawsuits arising from events that allegedly happened many years in the past. Defendants in such a situation may have a difficult time gathering evidence to defend themselves, resulting in an unfair trial.

However, New York law does offer a few exceptions to the statute of limitations for medical malpractice patients. One of these exceptions addresses cancer patients who did not receive their correct diagnosis when the standard of care establishes that they should have.

For these patients, a discovery of injury rule applies which gives cancer patients two years and six months from the date they discovered or reasonably should have discovered that malpractice caused their injuries and damages. By hiring a skilled Newburgh misdiagnosis attorney, a plaintiff could better ensure that they meet any applicable statutory deadlines, as well as verify whether any exceptions to the statute of limitations apply to their case.

Damages Arising from a Misdiagnosis Case

When a patient has a serious medical condition, especially one pertaining to the heart, lungs, or other major organs, a swift diagnosis usually increases the chance of a better outcome. A misdiagnosis could lead to the wrong path of treatment, further delaying the time before the patient could receive the correct treatment.

Because of these serious potential consequences, patients who receive the wrong diagnosis from their doctor may be entitled to many types of damages. Common recoverable damages in a misdiagnosis claim may include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Past and future lost wages
  • Past and future medical bills
  • Loss of a bodily function
  • Scarring or disfigurement
  • Mental anguish

It is important to mention that not all of these damages may apply to every misdiagnosis case. A Newburgh lawyer with experience in misdiagnosis cases could help an injured plaintiff determine which types of damages they may be able to seek based on their specific circumstances.

Contact a Newburgh Misdiagnosis Attorney Today

Suffering injuries from the wrong diagnosis can lead to many unnecessary financial and personal obstacles. If you are experiencing these challenges from an incorrect diagnosis, a Newburgh misdiagnosis lawyer may be able to help you pursue compensation. To find out more about your legal options, call today to schedule your case consultation.