When a doctor or medical professional is delayed in diagnosing an illness, condition, or disease, this can cause devastating injuries to a patient. Delayed diagnosis is often problematic as time is of the essence for treating many medical conditions. Failure to get proper treatment or surgery could cause your condition to worsen.

At Silberstein, Awad & Miklos, P.C. our legal team is experienced in researching a situation to determine if the normal standard of care was upheld and, if not, fighting to prove the physician acted negligently.

We are dedicated to protecting patients’ rights and providing them with skilled legal counsel in fighting for the justice they deserve. Our team of medical malpractice attorneys have won several multi-million dollar lawsuits for injured victims.

We take our time to speak to individuals and listen to their story. We have decades of experience fighting for victims of medical malpractice when others have not. When a physician fails to make a prompt diagnosis, they may be held liable. Speak to a skilled Queens delayed diagnosis attorney today.

Why Delayed Diagnoses Occur

The consequences of a delayed diagnosis depends on the underlying illness and symptoms. A delay in diagnosis could cause a patient’s illness to worsen and possibly cause death. We have experience handling many delayed diagnosis cases, some of which occurred due to:

  • Failure to recognize symptoms
  • Improperly ordering tests and scans
  • Failure to discuss daily habits, such as smoking, medical history, and predisposition to illness or disease
  • Lack of communication with the patient, medical staff, and other medical specialists
  • Lost paperwork
  • Errors on medical charts
  • Delays in laboratory evaluations
  • Inadequate training, including interpreting and analyzing ultrasound, MRI, CT, and other tests

Individuals should contact a skilled Queens delayed diagnosis lawyer as soon as possible after they are made aware that an error has occurred.

What Damages Could You Recover?

The ideal outcome for the plaintiff in a delayed diagnosis case is the recovery of damages. In a medical malpractice case, injured individuals are able to recover compensation for economic and non-economic damages.

Economic Damages

Economic damages have a quantifiable monetary value. These damages can be proven with pay stubs, tax information, witness statements, and medical bills. Injured individuals could recover actual damages such as:

  • Lost wages
  • Present and future medical costs
  • Costs of hospital stays, rehabilitation, and surgical procedures
  • Lost earning capacity

Non-economic Damages

Non-economic damages can be more difficult to quantify as they do not have a tangible monetary value. They can include:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life

A delayed diagnosis attorney in Queens could use the testimony of expert medical witnesses, co-workers, family, friends, and medical bills to prove that their client has suffered damages.

Understanding the Legal Process

Under New York Civil Practice Law and Rules § 214-a, the plaintiff is generally given two years and six months from the date they became aware of a delayed diagnosis to file their lawsuit. As noted in the New York Civil Practice Law and Rules §304, the formal legal process begins with the filing of the lawsuit. Along with the filing, the attorney must file a certificate of merit. This certificate is meant to show that the attorney completed their due diligence to ensure that the case has a valid legal claim. A seasoned delayed diagnosis attorney in Queens must attest that:

  • They reviewed the case and consulted with at least one other medical professional who is knowledgeable about the medical issues in the case
  • They reasonably believe the medical expert and the validity of delayed diagnosis claim
  • If they were not able to speak with a medical professional, they made at least three good faith attempts to speak to different medical professionals about the claim but were unable to obtain a consultation

Our attorneys at Silberstein, Awad & Miklos, P.C. are experienced in handling all types of medical malpractice cases. We walk injured individuals through the legal process and are committed to fighting for the compensation they deserve.

Help from a Dedicated Queens Delayed Diagnosis Attorney

Help is available for those suffering due to a delayed diagnosis. If you or a loved one was harmed, the legal team at Silberstein, Awad & Miklos, P.C. could help protect your rights. Our attorneys fight to hold responsible parties accountable for their actions and help victims seek compensation for their injuries. We work tirelessly in advocating on behalf of patients. Let an experienced Queens delayed diagnosis lawyer stand by your side and help you seek the compensation you need. We are available seven days a week. Call today to set up a no-obligation consultation.

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New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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