Saratoga Springs Delayed & Failure to Diagnose Cancer Lawyers

Diagnostic errors related to cancer can be a form of medical malpractice when they lead to an incorrect or delayed diagnosis. Patients in these situations may be able to seek financial compensation from the negligent healthcare provider who created circumstances that make it impossible to treat the cancer or allowed it to spread and further harm them. 

A successful medical malpractice lawsuit must provide evidence of the following legal elements:

• The healthcare professional owed you a duty of care, which is the standard of care other healthcare professionals in the same field with similar training and background would provide under similar circumstances. This duty of care may include ordering diagnostic tests, referring the patient to a specialist, or taking other action to diagnose cancer based on the available or attainable evidence. 
• The medical provider deviated from the standard of care. The doctor did or failed to do something that a reasonable healthcare professional would demonstrate under the circumstances. 
• The healthcare provider’s breach of duty was the factual cause of the delay in correctly diagnosing the cancer or of the increased risk of harm.
• The patient suffered harm as a result of the healthcare provider’s deviation from the standard of care. For example, you may have required additional medical treatment, lost your job during a long recovery period, incurred additional medical expenses, endured additional pain and suffering, or suffered a loss of enjoyment of life. 

Your medical malpractice lawyer can guide you through the claims process and gather strong evidence to prove your claim.

Steps Involved in Filing a Medical Malpractice Lawsuit

Many medical malpractice claims are resolved by filing a claim with the medical malpractice insurer for the negligent healthcare provider. However, if the insurance company does not offer fair compensation or denies your claim, it may be necessary to file a medical malpractice lawsuit. This process involves the following:

Legal Complaint

Your medical malpractice lawsuit formally begins when you file a complaint in the appropriate court. Cases valued under $25,000 are filed in New York Civil Court. Those valued at more than this threshold must be filed in the New York Supreme Court. 

A formal complaint for medical malpractice typically includes:

• The legal name of every plaintiff and defendant 
• The facts surrounding each legal claim that demonstrate the plaintiff’s right to relief from the court
• A request that the court award money to the plaintiff or provide another legal remedy

When you file your complaint, you must pay the county clerk’s office a filing fee. New York’s rules of civil procedure require that you include an affidavit with your complaint signed by your attorney, attesting that they have reviewed the facts of your case and consulted with at least one expert who is licensed to practice medicine in the state and that the claim has merit. If you do not submit this affidavit with your complaint, you must submit it within 90 days of filing your claim. 

Summons

You must also complete a summons to initiate your case. This is legal notice to the defendant that you have filed a civil lawsuit against them. It explains that they must provide an answer within 30 days of being served with the complaint to avoid a default judgment against them. You have up to 120 days to have the defendant(s) properly served with the legal complaint and summons.

Discovery

Discovery is the formal process of preparing a case for litigation. This process allows both sides of the case to obtain information and evidence to assist with the case. The parties can use various discovery tools, such as:

• Written interrogatories – These are written questions that an attorney sends to the other side to help establish facts of the case and prepare for trial. The attorney may ask about legal arguments, expert witnesses the other side plans to call to testify, and evidence they plan to present. 
• Production of documents – The parties may request documents from the other side, such as medical records and doctor’s notes.
• Physical or mental examinations – The plaintiff may be required to be physically or mentally evaluated by an objective healthcare provider as part of a medical malpractice case.
• Requests for admission – These are statements that the other side must admit or deny. They can help limit the scope of the medical malpractice case to only those matters the parties dispute. 
• Depositions – A deposition is similar to obtaining testimony from a witness at trial. A lawyer asks a witness or party questions about the case, and they must answer them under oath. A court reporter records the questions and responses. However, depositions are often held in offices or board rooms instead of courtrooms. Attorneys can raise limited objections during these depositions. 

Pretrial Litigation 

It can take considerable time before a medical malpractice trial takes place. In the interim, the attorneys on both sides may present various motions, such as motions to dismiss or motions for summary judgment. The judge may schedule multiple status conferences to determine the outstanding facts in dispute and monitor the case’s progress. The judge may encourage the parties to settle the case out of court or through alternative dispute resolution methods, such as mediation.

Trial 

If the case is not settled, it proceeds to trial. The trial begins by selecting a jury using the voir dire process. The court and attorneys ask prospective jurors to answer various questions to determine potential biases. Each attorney can challenge the acceptance of jurors. 

After the jury is assembled, the case officially begins. Your attorney will typically begin with an opening statement, laying out the facts of the case. The defense then has an opportunity to provide their own opening statement. 

As the plaintiff, you have the burden of proving the case by the preponderance of the evidence, meaning that the facts you allege are more likely true than not. Your lawyer calls witnesses to the stand to ask what they know about the case and presents admissible evidence. The defense attorney can cross-examine witnesses or challenge evidence. 

At the conclusion of the trial, each attorney gives a closing statement summarizing their side of the case. The judge reads instructions to the jury. The jury then deliberates and reaches a verdict. If the jury determines the medical provider is at fault, they also determine the damages to award.

Appeal

Either party may opt to file an appeal if they believe the jury made a mistake. An appeal allows a higher court to review the decision of a lower court. It is not a retrial of the same facts, so the appellate court does not hear testimony from witnesses or determine facts. Instead, an appeal is focused on determining if the lower court made an error of law.