Delayed or Missed Lung Cancer Diagnosis

Lung cancer is one of the most aggressive and deadly forms of cancer, but when detected early, treatment options can improve a patient’s prognosis and quality of life significantly. Unfortunately, diagnostic errors or delays can allow lung cancer to progress to an advanced stage, diminishing treatment effectiveness and leading to preventable suffering. If you or a loved one were affected by a failure to diagnose lung cancer in a timely manner, you may be entitled to compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our seasoned Syracuse medical malpractice attorneys have extensive experience handling complex cancer-related malpractice cases, and if you choose to work with us, we will advocate zealously on your behalf. We regularly represent clients harmed by medical negligence in Rochester, Syracuse, and throughout Upstate New York.

Lung cancer is often detected through imaging studies like X-rays or CT scans or through follow-up on symptoms such as persistent coughing, shortness of breath, unexplained weight loss, or chest pain. Timely diagnosis is critical to initiating effective treatment. However, a delayed or missed lung cancer diagnosis can occur when medical professionals fail to recognize the warning signs, neglect to order appropriate tests, or misinterpret diagnostic imaging.

The consequences of a delayed or missed lung cancer diagnosis are often dire. The cancer may spread to other parts of the body, significantly reducing the effectiveness of treatment options and the patient’s chances of survival. Advanced-stage lung cancer is often accompanied by more invasive and painful treatments, increased healthcare costs, and a greater burden on the patient and their family.

Victims of a delayed or missed lung cancer diagnosis will often pursue compensation from the parties that caused their harm through a medical malpractice lawsuit. Typically, to succeed in such a claim, the plaintiff must establish that the healthcare provider acted negligently.

In New York, the first component of negligence is a duty. In other words, the plaintiff must show that the defendant owed the plaintiff a duty of care. The duty healthcare providers owe their patients is to deliver treatment that meets the standard of care expected of a competent practitioner in similar circumstances. For lung cancer, this duty often includes taking a thorough patient history, ordering appropriate diagnostic tests, interpreting results accurately, and following up on any abnormalities.

The second part of negligence is a breach. As such, the plaintiff must prove that the provider breached the duty of care. In cases involving delayed or missed lung cancer diagnoses, breaches can include failure to order imaging studies despite symptoms of lung cancer, misreading imaging results, or failing to communicate test findings to the patient or other medical professionals.

The third element is causation, which requires the plaintiff to demonstrate that the provider’s breach directly caused harm. In the context of lung cancer, this typically involves showing that the delayed diagnosis allowed the cancer to progress to a more advanced, less treatable stage, resulting in poorer outcomes or unnecessary suffering.

Finally, the plaintiff must prove that the harm caused by the delayed diagnosis resulted in damages. Expert testimony is often critical to establish the link between the breach and the harm and to quantify the damages.

Victims of medical malpractice in lung cancer cases may recover compensation for both economic and non-economic losses. Economic damages often include costs associated with more aggressive treatments that could have been avoided with an earlier diagnosis, such as chemotherapy, radiation, or surgery. Non-economic damages aim to compensate for the less quantifiable impacts of medical negligence, including physical pain, emotional anguish, loss of enjoyment of life, and the psychological toll of battling advanced-stage cancer.

A delayed or missed lung cancer diagnosis can have devastating consequences for patients and their families, but they can often seek redress via medical malpractice claims. If you or a loved one sustained damages due to a doctor’s carelessness, it is wise to contact an attorney about your rights. At DeFrancisco & Falgiatano LLP Cancer Lawyers, our experienced Syracuse medical malpractice attorneys take pride in helping victims of medical malpractice obtain the compensation they deserve, and if you hire us, we will craft compelling arguments in your favor. We serve clients in Syracuse, as well as in Rochester and other cities throughout Upstate New York. To schedule a free and confidential consultation, please contact us online or call us at 833-200-2000.