(845) 802-0047While a cancer diagnosis could be one of the most overwhelming experiences a patient may endure, many forms of cancer are treatable if detected early enough because of the many recent advances in medicine and technology.
However, these advances are only effective when they are applied appropriately and promptly. If a physician failed to diagnose cancer, diagnosed the wrong type of cancer, delayed in diagnosing cancer, or does not offer the appropriate treatment at the right time, their actions may warrant consulting with a Schenectady cancer malpractice lawyer and possibly filing a legal complaint. Reach out to a compassionate malpractice attorney to learn your options.
Cancer Malpractice Statute of Limitations
One of the most important points a cancer malpractice plaintiff should understand before contacting a Schenectady attorney is that their legal options are time-barred under the law. If they do not take action within that time, they may lose their right to pursue compensation for their damages.
As per New York Civil Practice Law and Rules § 214-a, plaintiffs in cancer malpractice cases have only two years and six months to file a civil complaint. Since this statute of limitations is meant to ensure cases are based on recent evidence, the associated time period generally begins on the date the malpractice occurred or on the date that it was discovered or should have reasonably been discovered.
Is the Doctor Liable for Cancer Malpractice?
Most cancer malpractice cases are based on the legal theory of negligence. If they choose to retain one, a cancer malpractice lawyer in Schenectady could help a plaintiff argue before the court that their physician breached a duty which caused harm to them.
By assuming care of a patient, the physician has a duty to provide reasonable care to that patient. When a physician does not act in a way that is in line with the standard of care for their training, experience, and profession, they may have breached their duty to their patient and therefore have acted negligently.
However, the existence of a potentially negligent act alone does not give rise to a legal claim. With the breach of duty, the physician must have also directly caused injury to the patient. There must also be compensable damages stemming from that injury. A plaintiff who is able to prove all these points to a civil court may have a better chance of a positive outcome to their lawsuit.
Settling Cancer Malpractice Cases
With the help of a seasoned attorney, some cancer malpractice cases could be settled before proceeding to a Schenectady courtroom. While settlement negotiations can happen at any time throughout the legal process, the decision of whether to agree to an offered settlement or not always falls to the plaintiff.
As an experienced Schenectady cancer malpractice lawyer could explain, settlements are often preferable for both the plaintiff and the defendant for various reasons. They typically resolve a lawsuit quicker than going to court would and cut down on the financial resources required to go through the legal process. Getting a case settled can help both the plaintiff and defendant move on with their lives and avoid enduring an emotional trial.
Consider Hiring a Schenectady Cancer Malpractice Attorney
If the actions of your cancer doctor caused you more pain and suffering, increased your medical expenses, or placed your life in jeopardy, a Schenectady cancer malpractice lawyer could help you pursue compensation for all the ways this malpractice has negatively impacted your life. Remember that your rights are limited by statutory deadlines, so consult with an attorney today to get your case started.