Patients depend on their doctors to promptly and correctly diagnose their medical issues. Physicians today have a multitude of diagnostic tests and tools available to them to identify infections. When a serious infection goes undiagnosed causing preventable damage to the patient due to a doctor’s negligence, a Newburgh undiagnosed infections lawyer could pursue justice for the victim.
If you have suffered because of a healthcare provider’s negligence, reach out to a medical malpractice attorney to discover your legal rights and avenues for obtaining compensation.
Filing a Newburgh Undiagnosed Infections Case
Residents of Newburgh have rights in undiagnosed infections cases, and a seasoned attorney could outline the various requirements necessary to file and pursue a successful injury claim. Under the state of New York’s Civil Practice Law and Rules §214-A, claimants wishing to file an undiagnosed infection lawsuit have two years and six months from the date of the malpractice to bring a claim. If the case is filed after that time limit, the individual may be unable to seek damages for their injuries.
NY CPLR §3012-A requires that a certificate of merit be filed along with the original malpractice complaint, stating one of the following:
- A medical expert in the same field of practice evaluated the available evidence and agrees that the claimant’s case has merit
- The victim’s attorney made three separate attempts in good faith to consult with a medical expert regarding the malpractice case but was unable to do so
If filing the certificate of merit would inhibit the lawsuit being filed by the statutory deadline, New York law may grant an extension of 90 days past the statute of limitations to submit the certificate of merit.
Possible Damages Resulting from Undiagnosed Infections
If a physician fails to properly diagnose an infection, the patient could suffer multiple kinds of losses and injuries. These damages are what a Newburgh attorney uses to calculate compensation. Any number of the following damages could apply to the malpractice victim’s case:
- Scarring and disfigurement
- Pain and suffering
- Lost income and wages
- Medical bills
- Loss of consortium
- Loss of quality of life
- Loss of companionship
New York’s pure comparative negligence rule could impact the victim’s recovery in a malpractice lawsuit if the court finds the individual to be partly at fault for their damages. However, even if the plaintiff bears some blame for their injuries, they may still recover compensation. If the victim is partially at fault, their total financial recovery will be reduced proportionately to the percentage of blame assigned.
Seek Assistance from a Newburgh Undiagnosed Infections Attorney
Your doctor must treat you with the same prudent standard of care other doctors in the same field would use. If your medical provider breached this duty and failed to diagnose an infection causing avoidable damage, a Newburgh undiagnosed infections lawyer could help you recover money for your losses. Learn more about the legal process, get your questions answered, and discover your options for financial recovery through trial or settlement by calling today and setting up a consultation.