Damages in Cancer Malpractice Cases

Few diagnoses carry the weight and urgency of cancer, where time is often a critical factor in determining survival and recovery. A delayed diagnosis or improper treatment can turn a treatable condition into a terminal one, and patients whose cancers are overlooked or mismanaged are not only forced to endure the physical and emotional toll of a more aggressive disease but are also burdened with the financial consequences of prolonged treatment and diminished quality of life. When this harm is the result of medical negligence, damages in cancer malpractice cases can offer patients and their families a path toward accountability and financial stability. If you sustained losses due to the carelessness of your treatment provider, you may be owed compensation, and you should talk to an attorney as soon as possible. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our trusted Syracuse cancer lawyers understand the gravity of cancer malpractice claims, and if we represent you, we will aggressively pursue the full scope of damages available to help you focus on your health and future. Our attorneys offer skilled advocacy to patients and families across Syracuse, Rochester, and Upstate New York.

In New York, patients harmed by medical malpractice may recover a broad range of damages if they can prove that a healthcare provider's negligence caused or worsened their condition. Damages in cancer malpractice cases often include economic losses, which are tangible and typically supported by documentation. These may consist of past and future medical expenses, lost income or reduced earning capacity, and the costs of ongoing care or supportive services. For example, a patient whose cancer could have been treated with a minimally invasive procedure may require aggressive chemotherapy, radiation, or palliative care due to a delayed diagnosis. The increased cost of this treatment, coupled with time away from work or a diminished ability to earn a living, forms the basis of substantial economic damages.

In addition to financial losses, patients may be entitled to recover non-economic damages. These address the emotional and physical suffering caused by a delay in diagnosis or improper treatment. Individuals may experience chronic pain, loss of bodily function, and severe psychological distress as a result of knowing their prognosis would have been more favorable had their cancer been detected and treated earlier. Non-economic damages also account for diminished quality of life, loss of enjoyment of daily activities, and the emotional burden carried by the patient and their loved ones. In the most egregious cases, where the conduct of a provider is especially reckless or shows a willful disregard for a patient’s safety, New York law may also permit an award of punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future. Damages in cancer malpractice cases are highly fact-specific and require detailed analysis by experienced attorneys who can work with experts to present a complete picture of the harm suffered.

To recover damages in cancer malpractice cases, the injured party must first demonstrate that the healthcare provider was legally responsible for their harm. In most instances, this is accomplished via a negligence claim. Under New York law, to demonstrate negligence, a plaintiff first must show that the defendant owed them a duty and that the defendant breached the duty owed. The duty a doctor owes a patient arises from the treatment relationship, which requires medical professionals to offer care that aligns with the accepted standards of their field. This standard is often defined by what a reasonably competent physician in the same specialty would have done under similar circumstances. A breach of that duty occurs when the defendant fails to act as a competent physician would have, whether by misreading test results, failing to order necessary diagnostic procedures, dismissing concerning symptoms, or not following up on abnormal findings. 

The plaintiff then must prove causation by showing that this breach directly resulted in their harm. In cancer malpractice cases, this typically means that a delay in diagnosis or failure to treat allowed the disease to advance beyond the point where effective treatment was possible. The fourth element, damages, requires proof of actual harm. This is where the full extent of the patient’s medical, financial, and emotional suffering must be presented. 

In most cases, expert testimony is essential to establish both the standard of care and the causal link between the medical provider’s negligence and the patient’s injuries. Medical experts may testify about how earlier intervention would have altered the course of the illness, while economists and life-care planners may quantify the long-term financial impact. 

Damages in cancer malpractice cases are often significant because the injuries involved are so profound. If you or a loved one suffered due to a healthcare provider’s failure to properly diagnose or treat cancer, you may have grounds for a malpractice claim, and you should talk to an attorney. The trusted Syracuse cancer malpractice attorneys at DeFrancisco & Falgiatano LLP Cancer Lawyers have extensive experience handling complex medical malpractice cases, and if you hire us, we will help you seek the compensation you need to move forward. We have an office in Syracuse, and we help clients throughout Syracuse, Rochester, and Upstate New York pursue justice. You can contact us to arrange a confidential and free meeting by calling us at 833-200-2000 or completing our online contact form .