(845) 802-0047When you present your doctor with symptoms of an illness, you rightfully expect your doctor to consider all of your symptoms to determine the bests steps. Often, your doctor may need to order further testing to gain a full understanding of your condition. Unfortunately, doctors sometimes miss crucial signs of infection or illness.
If your doctor ignored your symptoms, a Poughkeepsie undiagnosed infections lawyer could help you pursue a settlement or court award for the damages you suffered. By failing to diagnose your infection, your doctor breached their duty of care to you as their patient. Call a seasoned medical malpractice attorney today.
At-Fault Parties Responsible for Undiagnosed Infections
There are different parties that could share responsibility for an undiagnosed infection. While the doctor that evaluates a person is typically to blame, there are other parties that could be listed as a defendant. Any party that played a part in the misdiagnosis could face some civil liability.
Attending Physicians
Ultimately, it is the duty of the doctor to recognize the signs of an infection and prescribe the appropriate treatment. They are primarily responsible for a patient’s care, and they have a duty to recognize the medical issues facing their patients. When they fail to identify the presence of an infection, they could be responsible for any medical injuries that occur.
Of course, there are some situations where an infection will not present any signs or symptoms immediately. This is especially common when medication intended for other health issues also masks some of the signs of an infection. Whether or not a doctor has committed malpractice in these situations will depend on the circumstances. A doctor must take all of the steps that a medical professional of their skill level reasonably would have taken. If they fail to identify an infection that the average doctor would have noticed, the patient could be entitled to financial compensation.
Hospitals
Hospitals and other medical facilities could also be responsible for undiagnosed infections. If a hospital is understaffed or overcrowded, these staffing issues could lead to a patient’s infection going untreated. These failures could place civil liability on the medical facility itself.
Nurses
Nurses answer to doctors when it comes to treating infections. However, they could share in the liability for an undiagnosed infection in certain ways. A nurse that fails to note symptoms of infection or that fails to apply the treatment prescribed by the doctor could face liability.
Pursuing a Malpractice Lawsuit in Poughkeepsie
The process of pursuing a malpractice lawsuit stemming from an undiagnosed infection is different from the standard negligence claim. At the time of filing the lawsuit, a Poughkeepsie undiagnosed infection attorney must also attach something known as the certificate of merit. This certificate confirms the plaintiff sought guidance from a medical professional that reviewed the case and confirmed a mistake was made. Without the certificate, the court could dismiss the case.
Once the lawsuit is filed, the parties will begin something know as discovery. Discovery is an early phase of a lawsuit where both sides exchange the evidence they intend to use at trial. Some of the tools used during the discovery phase include written questions, document requests, or depositions.
Discovery can last for several months or longer. Once the process of discovery is completed, both parties will begin to prepare for trial. During every stage of the lawsuit, the sides could continue to negotiate a fair settlement. If a settlement cannot be reached, it is up to the court to decide the issues at trial. Usually, these trials are heard by a jury who not only decides whether damages are appropriate but also what the right amount of compensation is.
Damages Arising from Undiagnosed Infections
An undiagnosed infection can lead to organ failure, amputation, loss of vision, or even premature death. By hiring a well-versed Poughkeepsie undiagnosed infections attorney, victims may be able to recover both economic and non-economic damages for their injuries. A patient with an undiagnosed infection could seek compensation for the following losses:
- Pain and suffering
- Scarring and disfigurement
- Loss of consortium
- Medical bills
- Lost wages
- Loss of enjoyment of life
- Loss of a bodily function
- Loss of a limb
Economic damages are generally easy to calculate, as they include items that a set monetary value, such as medical bills and lost wages. Non-economic damages are more difficult to quantify as they are relatively subjective, including intangible issues such as a loss of enjoyment of life.
New York is one of a few states that does not have any damage caps in place for injury cases. With no law limiting the amount of compensation a plaintiff could receive for their damages from an undiagnosed infection, a lawyer in Poughkeepsie could request from the court what they believe is reasonable and fair based for the injuries sustained.
Statute of Limitations for Undiagnosed Infections Lawsuits in Poughkeepsie
Potential plaintiffs should be aware that they have a limited amount of time to file their lawsuit.
According to New York Civil Practice Law and Rules § 214-a, plaintiffs who wish to file a malpractice lawsuit only have two years and six months from the date of their injury to do so. This deadline is known as the statute of limitations. When a patient is receiving ongoing treatment from a physician, the statute of limitations begins on the last day of that series of treatments.
If the filing deadline expires without a claim being filed in court, the potential plaintiff gives up their right to seek compensation through the courts for their injuries.
Hire a Compassionate Poughkeepsie Undiagnosed Infections Attorney
Successful treatment of any type of infection usually involves early diagnosis and correct treatment, often with antibiotic or antiviral medications. If your physician failed to diagnose and treat an infection and you now suffer the consequences of their negligence, a compassionate Poughkeepsie undiagnosed infections lawyer could offer you assistance.
Remember that your right to file a claim and seek the compensation is only available for a limited time after the incident. Call today to schedule your case consultation with an experienced lawyer to get justice for your injuries.