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Have you been injured because of a delayed diagnosis?

Proper medical care begins when individuals present their problems and symptoms to their doctors. The doctor should follow the standard of care which includes using their knowledge, experience, and resources to give their patients a proper diagnosis. Depending on the diagnosis, a delay can lead to serious complications or even death. If your illness, condition or disease worsened due to a negligent medical professional, they could be held liable in court. A Brooklyn delayed diagnosis lawyer could help injured individuals seek justice and hold medical professionals accountable for their negligence. Our team works with experienced medical professionals to investigate and fight for our clients’ rights in court. We helped one of our clients recover $5.5 million for a missed diagnosis on a mammogram by a radiologist. At Silberstein, Awad & Miklos, P.C. we are determined to help our clients seek compensation from the responsible party. With over 35 years of experience, we have the skill and resources to help patients seek justice for their injuries. Our team is available seven days a week. Speak to an experienced medical malpractice attorney to learn about your legal options.

Negligence in a Delayed Diagnosis Case

Negligence is a legal term that defines actions that are not in line with the standard of care. A negligent act alone is not a basis for a lawsuit. However, when that negligence precedes the injuries and damages suffered by a plaintiff, a valid legal claim may exist. Under the legal standard of negligence, a delayed diagnosis lawyer in Brooklyn must be able to convince the jury of the following:
  • The medical professional had a duty to treat the patient using the standard of care for their profession
  • The medical professional breached that duty by failing to diagnose a condition or disease sooner than they should have
  • The plaintiff suffered harm and damages due to the delayed diagnosis

Certificate of Merit Mandate in Brooklyn

Certain requirements must be met when filing a delayed diagnosis lawsuit. When a seasoned attorney files the medical malpractice suit, they must also file a certificate of merit according to New York Civil Practice & Law Rules § 3012-a. The law allows for a 90-day extension to file the certificate if filing it would delay the filing of the lawsuit past the statute of limitations. If the certificate is not filed within 90 days of the case filing, the courts may refuse to process the case. The certificate requires the experienced attorney to declare:
  • They consulted with a minimum of one licensed healthcare professional, and after reviewing the case the professional agrees that there is a valid reason to file the lawsuit
  • They made a minimum of three good faith attempts to consult with different healthcare professionals but was unable to do so because they were not willing to agree to a consultation

Dedicated Legal Help from Brooklyn Delayed Diagnosis Attorneys

If you are suffering from injuries due to the negligence of a medical professional, including severe health concerns, expensive medical bills, and emotional distress, you may be entitled to compensation. Speak to a compassionate and caring Brooklyn delayed diagnosis lawyer from our firm. We help clients each step of the way, from investigation to filing your case, to settlement negotiations or even trial. At Silberstein, Awad & Miklos, P.C. we are ready to help our clients every day of the week by phone, email and in-person. Let us help you. Call today to get started on your claim.