Meagher & Meagher Attorneys at Law
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Meagher & Meagher Attorneys at Law
Call Today for a FREE Consultation

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Failures To Diagnose Lawyers Fighting Against Negligence Resulting In Severe Illness Or Injury

Are you coping with a life-threatening illness or other serious health condition that a doctor should have diagnosed far sooner than he or she did? Did that misdiagnosis or diagnostic failure allow cancer, stroke or some other major issue to progress without treatment? Would timely, proper treatment have saved you significant pain and suffering – or even saved the life of your family member?

At Meagher & Meagher in White Plains, New York, we take decisive legal action for victims of medical malpractice in an era when many other lawyers avoid this complex area of law. In fact, our principal trial lawyer Christopher B. Meagher has obtained numerous substantial verdicts and settlements for our clients at trial and on appeal. To cite just one groundbreaking verdict, we represented a client awarded $47.95 million against multiple defendants found responsible for the failure to diagnose a spinal tumor.

We Will Rigorously Assess What Happened And Your Legal Options After A Medical Mistake

Establishing that a diagnostic failure was due to negligence requires rigorous investigation and analysis of all relevant circumstances. Further, we must establish that a successful diagnosis and timely treatment would have likely produced a more positive outcome. Over the course of three-plus decades, we have built a network of physicians and other expert resources instrumental for meeting these legal criteria.

Act Now Before The Statute Of Limitations Expires

Time is of the essence in medical malpractice cases, and New York Civil Practice Law & Rules (CVP) §214-A states that victims have two years and six months from the date of the injury to file a claim.

Exceptions To The Statute Of Limitations

Medical malpractice cases can be complex, and there are several exceptions to the statute of limitations. For example, in malpractice cases related to foreign objects found after surgery, the clock does not start running from the date of the surgery. Instead, the clock starts running once the foreign object has been discovered by the patient. Upon discovery, the patient has one year to file a medical malpractice claim.

The statute of limitations also differs when it comes to child victims. Child victims of medical errors can file 10 years from the date of the incident or up until the victim reaches 20.5 years of age, whichever comes first.

Other exceptions to the statute of limitations include:

  • In the event of wrongful death. Claims must be filed within two years of the death.
  • Continues treatment. If the malpractice occurred during continuous treatment, then a 30-month clock starts running from the date of the last treatment.

In cases where a proper diagnosis was never obtained, the statute of limitations may be affected by the date that the correct diagnosis was received. A failure to diagnose lawyer can help you learn more.

Why Start Your Claim As Soon As Possible?

It is only natural that your focus may be on recovery from your health conditions. Two years and six months sounds like a long time, but it really isn’t. This time can elapse quickly, and with that, your eligibility for compensation may also elapse.

Filing a claim as soon as possible means that you can gain access to compensation sooner. It also means that evidence can be preserved and presented in full detail to the court. It’s not uncommon for paperwork to get mixed up or lost over the course of two years, and this could jeopardize your claim.

Call 914-246-2958 For Trial-Proven Counsel

If you or your family member had a serious medical problem and did not get an accurate diagnosis enabling proper treatment, we want to know about it at Meagher & Meagher. Our attorneys know what questions to ask initially. If you have a valid claim worth pursuing, we will build your case for trial if needed. For medical malpractice guidance and representation you can trust, beginning with a free case evaluation, please contact us by telephone or email.

Medical Malpractice

“Dearest Mr. Meagher, words can not express how grateful we are to you and your staff, for all of the very hard work that you put into our son’s case. We always believed in you. Thank you for winning us the justice our son and our family deserved.”