Lung cancer is a prevalent and often fatal form of the disease. Cigarette smoking causes most lung cancers, and early detection is crucial for effective treatment. While there are screening and treatment guidelines for lung cancer that facilitate prompt and accurate diagnoses, doctors do not always abide by such guidelines, which often causes diagnostic and treatment delays. If you have questions about your possible claims arising out of harm caused by a physician’s deviation from the screening and treatment guidelines for lung cancer, it is advisable to meet with an attorney promptly. The experienced Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano, LLP Cancer Lawyers are committed to helping people harmed by the negligent management of cancer in the pursuit of justice, and if we represent you, we will advocate aggressively on your behalf.
Screening and Treatment Guidelines for Lung CancerLung cancer is one of the leading causes of cancer-related deaths globally. Early detection significantly improves lung cancer outcomes, though, making screening an essential element in lung cancer management. Organizations like the U.S. Preventive Services Task Force recommend annual low-dose computed tomography screening for adults aged 50 to 80 years with a substantial smoking history, as early detection can help reduce mortality rates.
Organizations like the National Comprehensive Cancer Network and the American Cancer Society provide comprehensive treatment guidelines for lung cancer that include surgical resection, chemotherapy, radiation therapy, and immunotherapy. The choice of modality depends on individual patient factors, including the type and stage of the lung cancer in question. In addition to preferred interventions, the guidelines offer other recommended interventions and those that will be useful in certain situations.
Lawsuits Arising Out of the Deviation from Screening and Treatment Guidelines for Lung CancerIn lawsuits arising out of the deviation from screening and treatment guidelines for lung cancer, the plaintiff bears the burden of proof, which means they must demonstrate the defendant’s fault in order to prevail. Typically, a plaintiff in such a case will argue that the defendant acted negligently.
In New York, to prove the negligence of a healthcare provider, the plaintiff has to prove a duty, breach, damages, and causation. Duty refers to the defendant’s obligation to provide the plaintiff with treatment that aligns with what is considered the accepted and good practice of medicine in the community in which the defendant practices. Breach is any act or omission that deviates from this standard of care. Damages refer to the harm the plaintiff suffered, and causation is a link between that harm and the defendant’s departure from the standard of care.
In the majority of medical malpractice cases, the plaintiff will need to rely on testimony from a medical expert to demonstrate the standard of care and to prove that the defendant departed from the standard, thereby causing the plaintiff harm.
Damages recoverable in medical malpractice cases usually compensate the plaintiff for their economic and non-economic losses. Economic losses include the cost of any necessary medical care, lost wages, and out-of-pocket costs, while non-economic losses usually refer to pain, suffering, and mental and emotional distress.
Meet with a Seasoned Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkScreening and treatment guidelines for lung cancer help improve patient outcomes and quality of life. Not all doctors adhere to the guidelines, though, and care that falls outside of the guidelines often causes substantial harm. If you or someone you love were hurt by the carelessness of a healthcare provider, it is wise to meet with a lawyer to evaluate your possible claims. The seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano, LLP Cancer Lawyers possess the knowledge and resources needed to obtain favorable outcomes in cases against negligent physicians, and if you hire us, we will fight tirelessly on your behalf. We frequently represent people in cases related to the diagnosis and treatment of cancer in Syracuse, where our primary office is, as well as in Rochester and other cities in Upstate New York. You can reach us to arrange a free and confidential meeting by using our online form or by calling us at 833-200-2000.