A breast cancer diagnosis is a life-changing event, and early detection is critical for successful treatment. However, when doctors fail to diagnose breast cancer in a timely manner, patients may face more aggressive treatments, a poorer prognosis, or even fatal consequences. Medical errors, such as misinterpreting mammograms, failing to order necessary tests, or disregarding symptoms, can lead to significant harm. If you or a loved one suffered due to a delayed or improper breast cancer care, you may have grounds for a medical malpractice lawsuit. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our experienced Rochester breast cancer malpractice attorneys are dedicated to helping victims of medical negligence seek the justice and compensation they deserve, and if we represent you, we will advocate aggressively on your behalf. We represent clients in breast cancer malpractice cases in Rochester, Syracuse, and throughout Upstate New York.
The Consequences of a Delayed or Misdiagnosed Breast Cancer DiagnosisA delayed or missed breast cancer diagnosis can have devastating effects on a patient’s health and quality of life. Breast cancer often begins as a localized tumor, and when detected early, it can frequently be treated with surgery, radiation, or targeted therapies.
However, when a physician fails to recognize warning signs or order appropriate tests, cancer can progress to an advanced stage, reducing treatment options and survival rates. Patients diagnosed late may require more aggressive interventions such as mastectomies, chemotherapy, or immunotherapy, which can lead to extensive physical and emotional suffering.
Similarly, if a doctor fails to prescribe an appropriate treatment regimen, the cancer may progress and spread to other areas of the body. Alternatively, treatment that is too aggressive may cause unnecessary harm.
Establishing Liability in a Breast Cancer Malpractice CaseIf a doctor fails to properly assess a lump, misreads a mammogram, or neglects to refer a patient to a specialist when necessary, they may be held accountable for the harm caused. In most instances, a plaintiff harmed by improper diagnosis or management of breast cancer will seek compensation via a medical malpractice claim.
To prove a medical malpractice claim in New York, the plaintiff typically must prove that the defendant’s negligence caused them harm. First, the plaintiff must establish that the defendant had a duty to provide competent medical care, by offering what is considered the good and accepted practice of medicine. Doctors are expected to follow established guidelines when evaluating, diagnosing, and treating breast cancer. The plaintiff then has to demonstrate that the defendant breached the duty owed by departing from the standard of care. Examples of a breach include failing to order a mammogram, biopsy, or other necessary diagnostic test.
Next, the plaintiff must show causation and damages, which means they must demonstrate that the defendant’s breach directly caused the plaintiff to suffer actual harm. For example, if a doctor dismisses symptoms that should have prompted further testing, and as a result, the cancer advances to a more severe stage, causation may be established. Expert testimony from oncologists, radiologists, or other specialists is often needed to demonstrate how the provider’s failure deviated from accepted medical standards.
Seeking Compensation for Breast Cancer MalpracticeVictims of breast cancer malpractice may be entitled to economic and non-economic damages. Economic damages cover tangible losses, such as medical expenses, future treatments, lost wages, and costs related to rehabilitation. If a delayed diagnosis results in the need for prolonged care, patients may also recover compensation for ongoing medical support.
Non-economic damages compensate for intangible harms, including pain and suffering, emotional distress, and diminished quality of life. A delayed or misdiagnosed breast cancer case can take a severe emotional toll on both the patient and their loved ones. Punitive damages may also be awarded to hold the responsible parties accountable in cases of egregious negligence.
Speak with a Knowledgeable Breast Cancer Malpractice Attorney in Rochester, Syracuse, or Upstate New YorkErrors in the diagnosis and treatment of breast cancer can lead to devastating, and sometimes fatal, harm and the healthcare providers that make such mistakes should be held accountable. If you sustained losses due to a doctor’s negligent breast cancer care, it is in your best interest to speak with an attorney regarding your rights. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our knowledgeable Rochester breast cancer malpractice attorneys possess the skills and experience needed to obtain favorable results, and if you hire us, we will investigate your case and fight for the compensation you deserve. We have offices in Syracuse and Rochester and represent clients in medical malpractice cases throughout Upstate New York. To schedule a free and confidential consultation, contact us today by calling 833-200-2000 or filling out our online form.