Treatment and Screening Guidelines for Endometrial Cancer

Endometrial cancer occurs when cells in the lining of the uterus mutate and become abnormal. These abnormal cells may multiply uncontrollably and not die, while healthy cells multiply normally and die in a controlled, predetermined fashion. The abnormal cells may form a tumor, and if cancer cells invade nearby tissues, the cancer may spread and become extremely difficult to treat or untreatable. If you were harmed by your doctor’s departure from treatment and screening guidelines for endometrial cancer, you should consult an Upstate New York cancer malpractice lawyer about your situation.

You may visit an Upstate New York gynecologist for a diagnosis related to symptoms such as pelvic pain and bleeding. Gynecologists may be able to diagnose endometrial cancer and may be able to treat it, but they should refer you to a specialist if needed. Gynecologic oncologists may need to be enlisted to provide specialized treatment. Testing can involve pelvic ultrasounds, transvaginal ultrasounds, failing infusion sonograms, endometrial biopsies, hysteroscopies, dilation and curettage, or hysterosonograms. Once they reach menopause, women’s risk of developing endometrial cancer goes up. Generally, asymptomatic women may not need screening, unless they are at risk of developing it. Risk factors include starting menstruation at an early age, never having been pregnant, obesity, hormone therapy for breast cancer, and older age. In some cases, there are steps that a doctor may recommend to reduce the risks, such as taking birth control pills.

It can be confusing for a patient in Upstate New York to know whether treatment and screening guidelines for endometrial cancer were followed and whether the failure to follow them constituted actionable malpractice. To establish malpractice, our experienced attorneys will need to prove: (1) the defendant owed you a professional duty of care, (2) the professional duty of care was breached by the defendant, (3) the breach caused your injury, and (4) actual damages resulted. We will need to hire an expert to work up your case and determine whether it is meritorious. Typically, the expert must be a licensed physician practicing in the same geographic location and specialty. Sometimes multiple defendants are at fault for a patient’s harm; for instance, a gynecologist, a gynecologic oncologist, and a hospital might each bear some responsibility for failing to screen and treat you, if you were injured as a result.

In New York, the general rule is that defendants can be held jointly and severally liable for economic losses. A defendant who is less than 50% responsible is liable only for the share of a plaintiff’s non-economic damages for which he or she is responsible. However, your damages may be reduced by an amount equal to your degree of fault under the doctrine of comparative negligence. For instance, if you are taking tamoxifen for breast cancer, your risk of developing endometrial cancer is increased. If you failed to bring abnormal bleeding to your doctor’s attention, such that the cancer progressed, the doctor may argue that you bear partial responsibility for the harm and that your damages should be reduced, even if your doctor made a mistake in interpreting ultrasound results.

If we can establish liability in your case, we may be able to recover compensatory damages on your behalf. Compensatory damages are intended to make you whole. Economic losses that you may be able to recover can include medical bills, lost wages, and out-of-pocket costs. Non-economic losses can include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and lost earning capacity.

If you suffered injuries or a loved one died as a result of endometrial cancer that went undiagnosed or untreated in Upstate New York, and you believe that it was caused by medical malpractice, you should talk to the seasoned trial lawyers at DeFrancisco & Falgiatano. We represent injured patients and their families in Syracuse, Rochester, Auburn, Elmira, Ithaca, Cooperstown, Canandaigua, Herkimer, Lyons, Oswego, Oneida, Binghamton, Wampsville, Watertown, Lowville, and Utica. Call DeFrancisco & Falgiatano at 833-200-2000 or contact us through our online form.