(845) 802-0047Reporting unusual symptoms and signs of illness as soon as possible to your physician is wise and potentially be life-saving. The sooner the problem is diagnosed and treated, the better the outcome the patient may have.
There might be multiple reasons as to why a doctor may be delayed in diagnosing a condition or a disease. A skilled Schenectady delayed diagnosis lawyer could help you if you suffered an injury following a late identification of your medical condition. A dedicated medical malpractice attorney could help you seek compensation.
Damages For Late Identification of Medical Condition
Damages are losses that the plaintiff has suffered due to their delayed diagnosis. The injured individual may be able to seek compensation for the losses they have incurred following the delayed diagnosis in Schenectady.
Injured individuals may be able to recover compensation for economic and non-economic damages. Economic damages refer to a quantifiable monetary loss. These damages could include medical bills, the cost of hospital stays, loss of income, and lost earning capacity. Non-economic damages are less concrete and do not have a specific monetary value. These may include:
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
- Loss of companionship
- Pain and suffering
A compassionate delayed diagnosis attorney in Schenectady could determine the type of damages an injured individual may be eligible for and help them seek compensation.
Comparative Fault in a Late Diagnosis Case
In a medical malpractice case, the negligent physician may not be the only entity that bears liability. The injured individual may also be held liable. As stated by the New York Civil Practice Law & Rules §1411, the State of New York uses pure comparative fault to determine liability. As an example, if the plaintiff did not follow the medical advice of the physician or did not disclose their symptoms promptly, they could be found partially liable.
Reduction of Award
Contrary to some other states, plaintiffs who are more than 50 percent liable are eligible to collect compensation. In these cases, the jury will determine what percentage of fault each party has. The plaintiff’s percentage of liability will be deducted from their jury award.
Even if a case settles prior to going to trial, the plaintiff’s actions will be considered in the negotiations. A knowledgeable Schenectady delayed diagnosis lawyer could help minimize some of the liability that the plaintiff may have by providing sufficient evidence of the physician’s direct neglect actions of delayed diagnosis.
Multiple Defendants
Medical malpractice cases could involve more than one defendant. This could include doctors, hospitals, independent labs, scrub techs, nurses, and other healthcare support staff. According to New York Civil Practice Law & Rules §1600, a plaintiff could be awarded compensation from one, several or all liable parties. Defendants may be held jointly or severally liable for any damages the plaintiff has sustained. The defendants will each be required to pay their percentage of the award to the plaintiff. Several-liability applies if the defendants are found less than 50 percent liable for the plaintiff’s non-economic damages. Joint liability makes all defendant’s liable for the total award owed to the plaintiff. Given the complexity of cases involving multiple defendants, plaintiffs are recommended to speak with a seasoned attorney to for support and guidance.
Consult with a Schenectady Delayed Diagnosis Attorney
Discussing the circumstances of your delayed diagnosis with a compassionate attorney could help determine if you have grounds to a lawsuit. They could also help determine how much compensation you might be entitled to collect from the responsible party in the case.
Consult with a Schenectady delayed diagnosis lawyer as soon as possible for help with seeking compensation. Reach out today for a case consultation.