A timely and accurate cancer diagnosis can often mean the difference between life and death. Unfortunately, doctors sometimes fail to recognize the signs of cancer or order appropriate testing, leading to delays in diagnosis. These mistakes can result in a worsening prognosis and limit the options available to patients, and such errors frequently constitute malpractice. If you or a loved one were harmed by the carelessness of a physician, it is smart to explore your potential claims, and you should talk to an attorney. The experienced Rochester cancer lawyers at DeFrancisco & Falgiatano LLP Cancer Lawyers are dedicated to representing individuals and families who have suffered due to delayed or misdiagnosed cancer, and if we represent you, we will fight to hold the responsible parties accountable and help you pursue the compensation you deserve. We regularly represent injured parties in cancer malpractice cases in Rochester, as well as in Syracuse and throughout Upstate New York.
Harm Caused by Cancer Diagnostic and Treatment ErrorsWhen cancer is not diagnosed promptly or is misdiagnosed entirely, the consequences can be life-altering. Medical professionals are expected to follow established protocols when they suspect cancer, including conducting physical exams, ordering diagnostic tests like biopsies, imaging, or blood work, and referring patients to appropriate specialists. Failing to take these steps can result in a delay that allows the cancer to progress to a more advanced stage, reducing the likelihood of effective treatment or recovery.
The harm caused by a delayed diagnosis is often profound. Patients who could have been treated successfully at an earlier stage may now require more aggressive treatments such as chemotherapy, radiation, or extensive surgery. These treatments can take a significant physical and emotional toll on the patient while imposing substantial financial burdens on their families. In cases where the cancer has progressed to a terminal stage, families are left to cope with the devastating loss of a loved one.
Proving Medical Negligence Under New York LawErrors such as misinterpreting test results, failing to order necessary diagnostic procedures, or dismissing symptoms generally constitute negligence, and may be grounds for recovering damages in a medical malpractice lawsuit.
In New York, to establish liability in a cancer malpractice case, the plaintiff must prove that the defendant healthcare provider’s negligence caused them to suffer actual harm. This means that they have to show that the defendant owed them a duty of care, and that the defendant breached the duty owed. A breach occurs when a provider deviates from the good and accepted standard of care, meaning they failed to act as a reasonably skilled and competent medical professional would under similar circumstances. For example, a failure to follow up on abnormal test results, order proper imaging, or refer a patient to an oncologist can constitute a breach of the standard of care. The plaintiff must also demonstrate that the defendant’s breach directly led to the injuries in question, and caused the plaintiff to suffer measurable losses.
Expert testimony is essential to demonstrating causation and the harm resulting from the negligence. Such experts, often oncologists, radiologists, or other specialists, evaluate the care provided and compare it to what should have been done. They provide insight into how the doctor or healthcare provider deviated from standard medical practices and explain how earlier detection and treatment would have improved the patient’s outcome. For example, an expert may testify that a biopsy or imaging test was not ordered in a timely manner, which allowed the cancer to spread and made effective treatment less likely.
Plaintiffs who prevail in medical malpractice cases may recover a range of damages to address both economic and non-economic losses. Economic damages include medical expenses for past and future treatment, rehabilitation costs, and lost wages if the patient cannot work. In cases of permanent disability, damages may also include loss of future earnings and the cost of ongoing care. Non-economic damages compensate victims for pain and suffering, emotional trauma, and diminished quality of life. Families who have lost a loved one due to a delayed diagnosis or misdiagnosis may recover damages for funeral expenses, loss of companionship, and emotional distress.
Contact Experienced Rochester Cancer Lawyers TodayIf you or someone you love suffered due to a delayed cancer diagnosis, a misdiagnosis, or improper treatment, you deserve answers and justice, and you should speak to a lawyer as soon as possible. The experienced Rochester cancer lawyers of DeFrancisco & Falgiatano LLP Cancer Lawyers understand the complexities of medical malpractice cases involving cancer, and if we represent you, we will fight to help you seek the results you deserve. We have an office in Syracause and we frequently represent clients in cancer-related medical malpractice lawsuits in Rochester, Syracuse, and throughout Upstate New York. To schedule a free and confidential consultation, don't hesitate to get in touch with us through our online form or call 833-200-2000.