Generally, victims have 2 years and 6 months to pursue a medical malpractice lawsuit for a delayed prostate cancer diagnosis. This time limit begins either from the date of malpractice or the end of continuous treatment.
There is much more to consider aside from the time limit for filing a claim, such as how the process works and specific factors to take into account. These can significantly impact your ability to file a successful claim and receive the compensation you deserve.
Given the complexities of medical malpractice claims, including potential variations in individual cases, it's essential to seek legal counsel promptly to protect your rights and navigate the claims process effectively.
Looking for Help with Your Prostate Cancer Malpractice Claim?
Our experienced lawyers can always lend their hand.
How Delayed Prostate Cancer Diagnosis Occurs
When healthcare providers fail to follow the standard of care in screening, diagnosing, or monitoring prostate cancer, patients may face a delayed diagnosis that can have severe consequences on their health and treatment options.
Some common reasons for medical malpractice lawsuits concerning delayed prostate cancer diagnosis include, but are not limited to:
- Failure to conduct routine PSA tests for high-risk men
- Failure to biopsy despite elevated PSA levels
- Failure to accurately read biopsy pathology reports
- Misreading other relevant diagnostic results
- Failure to monitor adequately or order follow-up testing
If you or a loved one experienced a delayed prostate cancer diagnosis due to medical negligence, consult with our qualified attorney for legal options and to pursue compensation.
Legal Basis for Delayed Prostate Cancer Diagnosis
An initial investigation is required before establishing a lawsuit. During the investigation, the legal team aims to prove the following elements:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| 3. Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| 4. Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
Our experienced medical malpractice attorneys work with trusted medical consultants to thoroughly investigate your case and build a strong claim. We aim to win your case and secure the compensation you deserve for medical expenses, lost wages, and other damages caused by the delayed prostate cancer diagnosis.
Process of Filing a Medical Malpractice Claim
If the legal basis mentioned above has been proven and established, you must follow a series of essential steps. The initial stages of filing a medical malpractice lawsuit typically include:
- Finding a qualified medical malpractice attorney who will represent you
- Gathering evidence, such as medical records and communications
- Identifying the proper court with jurisdiction
- Filing paperwork with the court
Throughout the process, our medical malpractice attorney can guide you through each step and keep you informed of developments in your case.
What Will Happen If I Filed After the Statute of Limitations?
If a case is started after the statute of limitations has run out, it is called time-barred. A defendant or respondent can ask the court to dismiss the case if it is time-barred.
The statute of limitations is based on fairness for all parties involved. The law recognizes that as time passes, memories can fade, evidence may be lost or destroyed, and witnesses may become unavailable or difficult to locate.
Can a Family Member Pursue a Claim for a Delayed Prostate Cancer Diagnosis?
If a patient dies as a result of a doctor's wrongful act or negligence, such as a delayed prostate cancer diagnosis, family members may still have the right to pursue legal action on behalf of the deceased.
In New York, the Estates, Powers, and Trusts Law (EPTL) § 5-4.1 governs wrongful death claims and allows the deceased person's representative to file a lawsuit against the liable party. The law requires that the wrongful death action be commenced within two years after the decedent's death.
Don't let the tragedy of a delayed prostate cancer diagnosis go unanswered. Contact our experienced attorneys for a consultation to discuss your case and pursue the justice and compensation your family deserves.
Questions about Filing a Medical Malpractice Claim?
Talk to our seasoned lawyers to get accurate answers.
Speak to a Prostate Cancer Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
