Early detection of most types of cancer improve the chances of recovering and remission. The current standards of care require that doctors order several different tests and studies to help identify cancer in the body. If a doctor fails to perform in accordance with the standard of care, a patient’s life and well-being could be put at risk.

A Troy cancer malpractice lawyer could help you if your doctor failed to correctly and promptly diagnose your cancer by acting within the expected standard of care. While a dedicated medical malpractice attorney cannot change the past, they could go to work to make your future brighter.

What is Cancer Malpractice?

All medical professionals are legally and ethically bound to adhere to a set standard of care and to act in the way that someone of the same or similar training and profession would act. If they do not adhere to this standard, they may be negligent in their actions. If their negligence causes injury and damages to a patient, there may be grounds for a lawsuit.

Cancer malpractice usually falls under this scope. More specifically, cancer malpractice may involve a delayed diagnosis, wrong diagnosis, or a failure to diagnose on the part of the physician.

Filing Requirements in a Cancer Malpractice Case

A successful cancer malpractice case could begin when a plaintiff hires an established Troy attorney. A seasoned Tory cancer malpractice attorney will be aware of the basic requirements for filing a case in New York, which includes the time limits for filing and the certificate of merit requirement.

Time Limitations

Whether filing with an attorney or without, plaintiffs in a medical malpractice case have a time limit of two years and six months to file their formal complaint, as defined by the New York Civil Practice Law and Rules §214-a. This deadline is commonly known as the statute of limitations and helps prevent lawsuits based on lost or old evidence.

This law is also based on the notion that if a potential plaintiff feels that someone wronged them and caused damages, they should address the issue promptly. Lawsuits filed after this deadline usually do not have legal standing and will more than likely be thrown out by the judge.

Certificate of Merit

Another important filing requirement that cancer malpractice plaintiffs should be aware of is the mandated certificate of merit. This certificate is due at the time of filing or, at the very latest, within three months of the filing.

With this certificate, the plaintiff’s cancer malpractice lawyer in Troy certifies that they presented the case to a licensed physician who agrees that the case is valid or that they attempted to do so with three separate licensed physicians and were unable to consult with them. This requirement is detailed in New York Civil Practice & Law Rules §3012-a and helps keep the courts free of cases that do not have merit.

How a Troy Cancer Malpractice Attorney Could Help

If you or a loved one experienced a delayed or wrongful cancer diagnosis, you might be suffering physically, emotionally, and financially. You may even have a decreased quality of life or a projected shorter lifespan.

The good news is that a compassionate Troy cancer malpractice lawyer could help you. Reach out today to schedule your case evaluation with an attorney who cares about your losses and needs.