There are well-established screening protocols for skin cancer, making diagnosing and treating it in the early stages easier. Sadly, though, it is not uncommon for doctors to deviate from such guidelines and for skin cancer to progress unnoticed until it has metastasized, making it more difficult to treat and significantly reducing a patient’s chance of survival. If you or a loved one suffered losses due to a delayed or missed skin cancer diagnosis, you may be owed damages, and it is essential to consult with an attorney who can advise you of your options. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our capable Syracuse medical malpractice attorneys understand what it takes to demonstrate liability in cases arising out of substandard cancer care, and if we present you, we will fight to help you seek the outcome you deserve. We help parties injured by medical negligence seek compensation in Syracuse, and in Rochester, and throughout Upstate New York.
Errors that Lead to a Delayed or Missed Skin Cancer DiagnosisWhen diagnosed early, most skin cancers are highly treatable, and the risk of metastasis is significantly reduced. Unfortunately, delays in diagnosis can allow the cancer to grow and spread, necessitating more invasive treatments and often reducing the patient’s chance of recovery.
Several errors may lead to a delayed or missed skin cancer diagnosis. Doctors may misdiagnose cancerous lesions as benign conditions such as moles, warts, or eczema, which delays proper treatment. In some cases, physicians may fail to order a biopsy of suspicious skin lesions, a critical step that can confirm or rule out cancer.
Additionally, when biopsies are performed, doctors must accurately interpret the results and take appropriate action based on those findings. A failure to communicate or act on abnormal test results in a timely manner can allow the cancer to advance, requiring more aggressive and costly treatments and lowering the patient’s chances of survival.
Elements of Claims Arising Out of a Delayed or Missed Skin Cancer DiagnosisA delayed or missed skin cancer diagnosis can cause devastating harm, and people hurt by such oversights will often pursue damages in a medical malpractice case. Generally, they will do so via negligence claims.
Under New York law, proving negligence requires the plaintiff to establish that the defendant owed a duty to the patient. In other words, they must show that the defendant was required to deliver care that meets the standard of care, which is what constitutes the good and accepted practice of medicine in the relevant practice area.
The plaintiff must also demonstrate that the defendant breached this duty by failing to act in accordance with those standards. In cases of a delayed or missed skin cancer diagnosis, this breach may involve failing to perform appropriate diagnostic tests, failing to accurately interpret test results, or failing to follow up on suspicious findings.
Finally, it is not enough to show that the defendant made a mistake; the plaintiff must prove that the breach of duty directly caused the plaintiff to suffer actual harm.
Plaintiffs in cases involving delayed or missed skin cancer diagnoses often require expert testimony to establish the appropriate standard of care and demonstrate how the healthcare provider’s actions fell short of that standard. Medical experts can also help establish the causal link between the provider’s negligence and the patient’s injury.
Damages in Delayed or Missed Skin Cancer Diagnosis CasesVictims of delayed or missed skin cancer diagnoses may be entitled to compensation for a variety of damages. Economic damages typically include medical bills for treatment that would have been unnecessary if the cancer had been diagnosed earlier, as well as future medical expenses and lost wages due to the inability to work while undergoing treatment. Patients may also be able to recover non-economic damages, which are intended to compensate for the more subjective losses associated with medical malpractice, such as pain and suffering and emotional distress.
Contact an Experienced Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkA delayed or missed skin cancer diagnosis can have long-lasting and often irreversible consequences for patients and their families. If you or a loved one were hurt by a healthcare provider’s failure to properly diagnose skin cancer, you should contact an attorney to assess your potential claims. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano LLP Cancer Lawyers are committed to holding negligent healthcare providers accountable, and if we represent you we will work tirelessly in pursuit of any compensation available. We handle cases in Syracuse, Rochester, and across Upstate New York. To schedule a free and confidential consultation, please contact us online or call us at 833-200-2000.