(845) 802-0047When consulting with your doctor about troublesome symptoms, it is reasonable to expect your medical provider to take all possible action to diagnose your condition. When a doctor fails to adequately evaluate and diagnose their patient, the results could be disastrous. If you were harmed due to a doctor’s failure to notice your, a Schenectady undiagnosed infections lawyer could help you pursue all legal recourse available to you.
A personal injury attorney could help hold the healthcare provider accountable if they failed to fulfill a prudent standard of care when diagnosing an existing infection properly.
Possible Damages of an Undiagnosed Infection
With advances in modern medicine, physicians are able to diagnose and treat infections through medications and antibiotics. However, if physicians do not diligently examine their patients and run the necessary tests, they might miss warning signs and neglect their duty to diagnose and treat the infection.
When an infection is not recognized in time, a patient could face numerous health concerns including organ failure, sepsis, and in severe cases, premature death. For injury victims and their families, this could incur damages such as:
- Further medical bills
- Past and future lost income
- Scarring or disfigurement
- Pain and suffering
- Loss of enjoyment of life
- Loss of bodily function
- Loss of consortium
Such damages form the basis of compensation a plaintiff could recover if the attending physician or medical facility is found to be civilly liable for these losses. With the help of an undiagnosed infections attorney, victim’s may be able to recover damages in Schenectady neglected infection cases.
Important Laws Applicable to Undiagnosed Infections Claims in Schenectady
New York Civil Practice and Law Rules Section 3012-A require a Schenectady attorney bringing an undiagnosed infections lawsuit to also file a written certificate of merit with the lawsuit (or within 90 days of filing suit, if meeting the statutory deadline is an issue). The law requires the certificate to state one of the following:
- The attorney has consulted with at least one doctor in the same field, and they agree that the suit has merit, or
- The attorney made three separate good faith attempts to consult with three separate doctors but was unable to do so
New York law has a statute of limitations requiring all medical malpractice lawsuits to be filed in two years and six months of the incident. In specific instances, the law provides exceptions to this statutory deadline, such as for delayed diagnosis, which permits the statutory clock to start after the individual reasonably knows that the healthcare provider’s negligence caused their damages. However, no longer than seven years may pass following the alleged malpractice before a case is filed, or the court may deny the victim’s case.
Consult with a Schenectady Undiagnosed Infections Attorney
If you suspect a physician breached their duty of care to you or a loved one, you should not have to live with the consequences of their negligence. Speaking with a Schenectady undiagnosed infections lawyer could be the first crucial step to obtaining the compensation you deserve and holding the negligent party responsible. Call today to schedule your no-obligation consultation with an experienced attorney today.