(845) 802-0047The science and convenience of modern medicine allows patients to live longer lives and enjoy a greater quality of life than was possible before. However, this is only true if physicians use their tools and training as they should.
If a physician failed to make your diagnosis in a timely fashion by not acknowledging or researching your symptoms or ordering appropriate tests, you could hire a Poughkeepsie delayed diagnosis lawyer and potentially file a personal injury lawsuit. A skilled medical malpractice attorney may be able to pursue compensation for your injuries, pain, and suffering.
Is a Delayed Diagnosis a Medical Malpractice Case?
Medical malpractice is commonly thought of as something a doctor or another medical provider does to cause harm to a patient, such as making a mistake during surgery. However, harm can also come to patients when doctors fail to do something they should, such as in the case of a delayed diagnosis. With many medical conditions such as heart conditions or cancer, a delayed diagnosis could mean more suffering, additional complications, and potentially premature death.
With a delayed diagnosis, the patient faces harm regardless of what the physician does. An illness or malady can cause additional harm the longer it remains untreated. Patients who have suffered harm because of a delayed diagnosis should consult with a Poughkeepsie delayed diagnosis attorney for help filing an injury claim and pursuing damages.
Delayed Diagnosis Attorneys Must File a Certificate of Merit
According to New York Civil Practice & Law Rules § 3012-a, a delayed diagnosis lawyer in Poughkeepsie must file a certificate of merit along with the initial complaint. If doing so would delay the complaint filing past the two-year and six-month statute of limitations, the law can give an additional 90 days to file the certificate of merit.
Meeting the Certificate of Merit Requirements
To satisfy the requirements of a certificate of merit, the plaintiff’s attorney must meet with a minimum of one licensed (either in New York or another state) medical professional in the same field as the defendant. During this meeting, the medical professional should review the circumstances of the case for evidence of medical malpractice. If the physician agrees that there is a valid reason to file a lawsuit, the attorney documents this on the certificate of merit.
If the delayed diagnosis lawyer is unable to complete the above requirement, they must certify that they made attempts to meet with three different licensed medical professionals but were unable to do so. Without a certificate of merit, the case risks dismissal from the court.
Speak to a Poughkeepsie Delayed Diagnosis Attorney
If you have sustained injuries and damages because a medical professional failed to diagnose your condition in a timely manner, a Poughkeepsie delayed diagnosis lawyer may be able to help you pursue justice. You could be entitled to monetary compensation based on the negligence of your healthcare provider.
It is essential for potential plaintiffs to contact an attorney as soon as possible. You can schedule your case consultation by calling today.