Identifying a severe illness and starting treatment early is essential for life-threatening conditions such as cancer. A delayed diagnosis lawsuit results from a physician or other medical provider causing a patient harm by failing to diagnose a medical condition accurately. However, a delay alone is not enough for a lawsuit. There must be evidence the doctor failed to provide the patient with the accepted standard of care and their negligent actions caused the mistake.
You have the right to pursue payment from the liable party if you suffered harm because of an avoidable delay in diagnosis, and a knowledgeable medical malpractice attorney can help. Meet with a qualified Pennsylvania delayed diagnosis lawyer to review your case and learn more.
The patient’s claim must prove the doctor is liable for damages by showing evidence of a doctor-patient relationship and that the healthcare worker owed them a professional standard of care. The evidence must further show the defendant’s actions failed to meet the acceptable standard, causing a breach, which then caused the plaintiff’s injuries. Finally, there must be documentation to show they sustained damages, such as hospital records, medical bills, or expert testimony.
The lawsuit must show that the patient suffered harm because of an error and that they would have received better care and an earlier diagnosis from another physician in a similar situation. A Pennsylvania delayed diagnosis attorney can investigate to gather the vital evidence needed to prove liability and collect the maximum potential settlement.
State laws require all medical malpractice civil actions to have a Certificate of Merit to support the claim. Under the rules of the Pennsylvania Code § 1042.3, a qualified expert must review the case specifics, certify that the physician or other certified healthcare provider’s treatment failed to meet the legal standard, and verify there is cause to proceed with the claim for damages.
Under the rule, a qualified medical professional is a doctor practicing in the same or similar fields of medicine. The individual petitioning the court to initiate legal action must file the affidavit with the lawsuit or within 60 days after filing.
Failure to obtain the affidavit could result in automatic case dismissal and inability to collect an award for damages from the responsible party. A delayed diagnosis lawyer in Pennsylvania can locate a physician to review the case specifics of the case and have them complete the certificate as needed.
The statute of limitations, legislation that sets a strict expiration date for the maximum time to pursue compensation, is the deadline for filing cases against medical providers. The plaintiff has two years from the last date they received treatment or medical services from the defendant to prepare and file the case.
Proving liability in medical malpractice cases for a delay in diagnosis requires extensive knowledge of the legal and medical field. The case must show the existence of each component necessary for fault and include a certificate from a medical provider practicing in a comparable field to certify there is cause for action.
While the cases are complex, the court will hold a healthcare professional financially accountable when their conduct fails to meet the professional standard. Call today to schedule a consultation with a Pennsylvania delayed diagnosis lawyer to get started on your claim.
We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.
