Today more than ever, doctors have the most advanced diagnostic tools at their disposal. Yet, there are still patients who are misdiagnosed or have a delay in their diagnosis. While some situations are unavoidable, others are caused directly because of a negligent physician. As an example, a doctor’s negligent actions and behavior caused a delayed diagnosis which caused damages to their patient.

If you have suffered an injury and damages due to a negligent physician, a dedicated Troy delayed diagnosis lawyer could file a medical malpractice case on your behalf. A skilled medical malpractice attorney could help you seek compensation for your injuries.

Certificate of Merit Required in Delayed Diagnosis Cases

As stated by the New York Civil Practice & Law Rules §3012-a, in addition to the malpractice claim, the attorney for the plaintiff must file a certificate of merit. The certificate of merit is used to help deter other lawsuits that are frivolous and without merit.

For the certificate of merit, the delayed diagnosis attorney in Troy must attest to one of the following scenarios:

  • They consulted with another medical professional in the same specialty area as the defendant who, after reviewing the case, independently verified its merits
  • They made three separate good faith attempts to meet with different medical professionals and were unable to do so

Extension to File

Usually, in a medical malpractice case, injured individuals are given two years and six months to file their claim in civil court as per New York Civil Practice Law and Rules section 214-a. If filing the certificate of merit would defer the original lawsuit within the statute of limitations then New York law provides an additional 90-days.

The Limited Discovery Rule in Troy

There are some exceptions to the statute of limitations. One of these is the limited discovery rule. In situations where the plaintiff could not have reasonably known that they suffered an injury that warrants a medical malpractice case, individuals may still be able to file. The statute of limitations begins when the injured individual discovers their injury or when they reasonably could have found out.

In New York, the discovery rule is limited and only applies to cases where a foreign object is left in the patient’s body. Consequently, the discovery rule applies when a surgical tool or sponge is left in a body cavity during surgery.

It is best to speak to an experienced Troy delayed diagnosis attorney to learn about the statute of limitations in New York and how it may affect a delayed diagnosis claim.

Proving a Delayed Diagnosis Case

Utilizing evidence, a Troy delayed diagnosis attorney must prove to the jury that the physician did not act in the same way another reasonable doctor in their position would have acted. If the doctor did not follow the current standard of care, they could be found negligent.

To prove negligence, the plaintiff and their experienced attorney must prove that there was a delay in diagnosis, and the delay was the proximate cause of the patient’s injuries and caused their damages.

How a Troy Delayed Diagnosis Attorney Could Help

A delay in the diagnosis could lead to the need for additional medical care, pain, and suffering, and takes an emotional and mental toll on the injured individual. If a delayed diagnosis has set you back physically, financially, and emotionally, you should exercise your legal rights.

A compassionate Troy delayed diagnosis lawyer could help you hold the physician responsible for their actions. They could help you seek compensation for your injuries. Call today to get started.