A significant percentage of women suffer from breast cancer. A delay in the diagnosis or treatment of breast cancer forms a basis for many medical malpractice lawsuits. Sometimes it is challenging to establish that malpractice, rather than the natural progression of cancer, caused harm in a breast cancer case, which is why it is critical to consult a trial attorney who has experience meeting the procedural requirements of these cases, as well as presenting their technical aspects to a jury. If you have breast cancer that worsened because of a doctor’s failure to diagnose or treat it, you should talk to the Upstate New York breast cancer lawyers at DeFrancisco & Falgiatano. We are experienced trial attorneys who understand the complexities of medical malpractice lawsuits.
Breast CancerMost breast cancer is diagnosed in older women. Risk factors for breast cancer include inheriting a mutation of the BRCA gene, a family history of breast cancer, menstruating before age 12, or never giving birth. Breast cancer is a leading cause of death in women, but a significant percentage of breast issues are benign. Sometimes doctors assume that there is a benign reason for a breast tumor in a young woman and do not work up the case for a cancer diagnosis. Generally, a health care provider should ask about your family history, since women with female relatives who have breast cancer are more likely to develop breast cancer. When breast cancer is only detected in the later stages, there is a greater chance of death. Survival rates drop dramatically if diagnosis occurs at stage IV rather than stage I.
LiabilityIf you presented with signs or symptoms of breast cancer, or your mammogram showed abnormalities, your doctor should have evaluated your case according to the professional standards followed by other doctors in the same field. Failing to catch breast cancer in its early stages can severely worsen a patient’s prognosis.
To show medical malpractice, a breast cancer attorney in Upstate New York will need to show a professional standard of care, a deviation from the professional standard of care, causation, and damages. A deviation from the professional standard of care could involve failing to follow breast cancer screening guidelines, failing to address a lump in the breast, misinterpreting the results of a mammogram, failing to take a proper patient history, delaying tests, failing to order tests, misreading lab results, performing an unnecessary surgery, or administering the wrong medication or treatment. For example, if you came in with a lump and asked the doctor to take a look, but the doctor ignored or dismissed you or failed to conduct appropriate testing, and as a result your breast cancer progressed to stage IV and a poor prognosis, you may have a basis to sue for medical malpractice.
In most cases, it is necessary to retain an expert even before filing a medical malpractice lawsuit in New York. With the complaint, our Upstate New York breast cancer attorneys will need to file a certificate of merit that attests that we have consulted with a medical expert who reached the conclusion that your lawsuit has merit.
Additionally, we will need to retain an expert to establish what the professional standard of care was, how your doctor deviated from that standard, and how the deviation caused your injuries. We may need additional experts on the question of damages.
Retain Seasoned Counsel for Your Medical Malpractice LawsuitIt can be devastating to learn that you could have avoided harm related to breast cancer had a health care provider taken complaints seriously and conducted testing, or provided an appropriate treatment. If you suffered injuries or a loved one died as a result of breast cancer that went undiagnosed or untreated, and you believe that this was a result of medical malpractice, you should talk to the seasoned trial attorneys at DeFrancisco & Falgiatano. We represent injured patients and their families in Syracuse, Rochester, Lyons, Oswego, Cooperstown, Oneida, Auburn, Binghamton, Wampsville, Canandaigua, Ithaca, Watertown, Elmira, Utica, Herkimer, and Lowville. Call DeFrancisco & Falgiatano at 833-200-2000 or complete our online form to explore your options with a breast cancer lawyer in Upstate New York.