Physicians have many different tools and tests at their disposal when it comes to diagnosing patients. They need to use these tools as well as the information they receive from the patient to make the correct diagnosis.

For various reasons, physicians can sometimes misdiagnose or fail to diagnose a condition in one of their patients. In some cases, a failure to diagnose does not make a difference in the treatment or outcome of the patient. In other cases, however, it can increase the pain and suffering they have already endured and even mean the difference between life and death.

If you have injuries or damages related to a doctor who did not diagnose or misdiagnosed you, you may have grounds for a civil case and, accordingly, a reason to seek out a dedicated medical malpractice attorney. After a doctor incorrectly diagnoses a medical condition and lets you suffer harm as a result, speaking with a Troy failure to diagnose lawyer should be the next step you take.

Common Failure to Diagnose Cases

Some conditions and diseases are more frequently misdiagnosed than others, but failure to diagnose cases can involve nearly any ailment. According to LiveScience, a recent study revealed that when it comes to malpractice claims against physicians, missed diagnosis is the most frequent reason.

Furthermore, the most commonly missed diseases and conditions include cancers of the breast, colon, melanoma, and lung, and heart attacks. For children, the most common misdiagnosis is meningitis. Unfortunately, the most common outcome of these cases was the death of the patient, which underscores the importance of doctors avoiding such critical mistakes at all costs.

Settlements in Troy Failure to Diagnose Cases

In many lawsuits, the plaintiff and defendant may attempt to settle the case before going to trial. This is usually done with help from the victim’s Troy failure to diagnose lawyer. When discussing a fair settlement, both sides typically consider the damages the plaintiff has suffered as well as any part they played in their own injuries. In some cases, a mediator may be used to facilitate this effort.

Regardless of the specific methodology, most cases do settle before seeing the inside of a courtroom. Settlements may decrease the financial risk to the defendant and their insurance company. They can also be beneficial in avoiding a long and emotionally difficult trial for the plaintiff. However, plaintiffs should discuss the pros and cons of settling with their own legal team.

When Must a Case be Filed?

A failure to diagnose case in Troy must be filed no later than two years and six months after the failure to diagnose action. The legal term for this deadline is the statute of limitations, and it is mandated by the New York Civil Practice Law & Rules §214-a.

Ideally, patients who have received a misdiagnosis or should have received a diagnosis and did not should contact a failure to diagnose lawyer in Troy long before the statute of limitations for their case expires. It is not uncommon for these types of cases to take months or even years to prepare for a filing. The sooner a plaintiff can reach out to an attorney, the more time their attorney would have to prepare a strong and—hopefully—successful case.

Let a Troy Failure to Diagnose Attorney Help

You trusted your doctor to appropriately diagnose your health condition, but they failed to do so and you were harmed as a result. If you find yourself a victim of such a scenario, you should be aware that you have the right to take legal action—and the first step in doing so is finding reputable legal representation.

A seasoned Troy failure to diagnose lawyer could listen to your situation and find a way to seek justice on your behalf. Call today for a case consultation.