When you go to a doctor and explain your symptoms, you expect them to diagnose your injury, disease, or another ailment correctly. With the help of highly specialized tests, diagnosing has become easier today than ever before.
However, even with the help of technology, some doctors still misdiagnose patients. This could be due to inaccurate test results, a misunderstanding of symptoms or of the patient’s health history, or simply an honest mistake. In some cases, doctors fail to properly diagnose a patient because of their own negligence.
If you believe this has happened to you, you may need a Poughkeepsie failure to diagnose lawyer to help you seek compensation for your injuries. A seasoned medical malpractice attorney could assess your situation and determine your legal options for financial recovery.
Understanding Failure to Diagnose
Failure to diagnose is the basis of many medical malpractice suits. It can occur when a medical professional fails to diagnose something in a timely manner or makes the wrong diagnosis altogether. These mistakes can lead to a patient experiencing unnecessary injuries and pain.
Depending on the circumstances, failure to diagnose has the potential to significantly worsen a patient’s conditions or even result in their death. For patients who are unsure if their symptoms and illness are due to a failure of their medical professional to properly diagnose them, an experienced Poughkeepsie failure to diagnose lawyer may be able to help.
Certificate of Merit Requirement in Poughkeepsie
In an effort to minimize unsubstantiated medical malpractice claims, including some based on a failure to diagnose, the state of New York requires a plaintiff’s lawyer to file a certificate of merit for plaintiffs to move forward with legal action based on medical malpractice. This document validates the claim and provides evidence that the plaintiff’s injuries are the direct result of a medical professional’s reckless actions.
New York Civil Practice Law & Rules § 3012-a states that a certificate of merit must show the attorney has reviewed the facts of the case and has consulted with at least one doctor who is licensed in the state of New York. The doctor and attorney must agree the claim has legal merit under medical malpractice laws.
If the plaintiff’s Poughkeepsie failure to diagnose attorney cannot consult with at least one other doctor after making at least three individual good faith attempts, the attorney must state their attempts to do so in the filed certificate. Either way, a certificate of merit must be filed by a dedicated attorney within 90 days of delivering the complaint to the defendant or their representative.
Talk to a Poughkeepsie Failure to Diagnose Attorney
You may be confused or overwhelmed if you believe your doctor delayed your diagnosis or misdiagnosed your condition. If you are now suffering injuries and symptoms that you believe resulted from a physician’s carelessness, you may be able to file a claim for compensation.
A compassionate Poughkeepsie failure to diagnose lawyer could review your case to determine if it has legal merit and provide you with the guidance you might need to navigate the complexity of the medical field and legal system. Call today to learn more about the failure to diagnose claims and how you could recover damages from these unforeseen events.