Signs and Symptoms of Lung Cancer
Lung cancer is a leading cause of cancer-related deaths, but the signs and symptoms of lung cancer often arise before the disease becomes life-threatening. Regardless, patients too often encounter medical providers who dismiss or misinterpret such symptoms, resulting in critical delays in diagnosis and treatment. When warning signs such as a chronic cough, unexplained chest pain, or coughing up blood are overlooked by healthcare professionals, patients can lose precious time, and sadly, such diagnostic failures can escalate what could have been a treatable condition into a fatal one. If you or someone you care about has suffered due to a provider’s negligence in recognizing the signs and symptoms of lung cancer, you may be able to recover damages in a medical malpractice lawsuit, and you should talk to an attorney promptly. The assertive Syracuse lung cancer lawyers of DeFrancisco & Falgiatano LLP Cancer Lawyers understand what it takes to hold medical professionals accountable when they fail to uphold their duty of care, and if we represent you, we will help you fight for the compensation you deserve. Our attorneys advocate for injured patients across Syracuse, Rochester, and throughout Upstate New York.
Recognizing the Signs and Symptoms of Lung CancerThe signs and symptoms of lung cancer are varied and, in some cases, may mimic less serious respiratory conditions. However, medical professionals are trained to differentiate between benign illnesses and the potential warning signs of malignancy. Common red flags include a persistent or worsening cough, coughing up blood, shortness of breath, hoarseness, chest discomfort, and frequent respiratory infections. Additionally, systemic symptoms like unintended weight loss, chronic fatigue, and bone pain can indicate that lung cancer has already metastasized.
Healthcare providers are expected to act decisively when presented with such symptoms, especially when risk factors like smoking history, occupational exposure to asbestos or radon, or a family history of lung cancer are present. Diagnostic tools such as chest X-rays, CT scans, sputum cytology, and biopsies are critical in confirming a lung cancer diagnosis. A failure to order these tests or to correctly interpret the results can allow cancer to spread undetected.
The consequences of ignoring the signs and symptoms of lung cancer are often grave. Early-stage lung cancer may be managed effectively through surgical resection or targeted therapies. However, when diagnosis is delayed, patients may face a dramatically worsened prognosis, requiring aggressive treatment such as chemotherapy, immunotherapy, or palliative care.
Recovering Damages for the Failure to Recognize the Signs and Symptoms of Lung CancerA doctor’s failure to recognize the signs and symptoms of lung cancer can cause substantial physical, emotional, and economic losses. As such, patients harmed by such carelessness will often choose to pursue legal relief through a medical malpractice claim.
To establish liability for medical malpractice, a plaintiff will generally proceed on a theory of negligence. In New York, negligence is made up of four components, and a plaintiff must prove each component to prevail. First, the plaintiff has to show that the defendant owed them a duty of care. The duty medical professionals owe to their patients is to offer what is considered the accepted and good practice of medicine in the relevant community.
A plaintiff must then demonstrate that the provider breached this duty by failing to uphold the standard of care. This can occur when a provider disregards patient complaints, neglects to order proper imaging or testing, misreads diagnostic results, or delays a necessary referral to a specialist.
Causation, the next element, requires the plaintiff to establish that the provider’s breach of duty directly caused the progression of the disease or worsened the patient’s health outcomes. Finally, the plaintiff must show that they sustained actual losses as a result of the defendant’s negligence.
Expert testimony is critical in New York medical malpractice actions, as qualified experts are relied upon to explain the standard of care, articulate how the defendant deviated from it, and describe how this deviation caused harm.
If a plaintiff proves the defendant was at fault, they may be entitled to recover both economic damages, such as medical bills, lost income, and future treatment costs, and non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases where negligence rises to the level of recklessness, punitive damages may also be available.
Speak to a Cancer Malpractice Lawyer About Your Rights in Syracuse, Rochester, or Upstate New YorkNo one should have to suffer the consequences of a healthcare provider’s failure to recognize the signs and symptoms of lung cancer. If you or a loved one has endured harm due to medical negligence, you should speak to an attorney to explore your legal options. At DeFrancisco & Falgiatano LLP Cancer Lawyers, we understand how overwhelming and isolating these experiences can be, and we are committed to standing beside our clients every step of the way. Our Syracuse lung cancer malpractice attorneys provide compassionate yet aggressive representation to victims of medical malpractice throughout Syracuse, Rochester, and the greater Upstate New York region. To learn more about how we can help you, contact us today for a free, confidential consultation by calling 833-200-2000 or completing our online form.