Many cancers are treatable when caught in a timely manner by a medical professional and addressed properly with the right medical care. Correct diagnosis depends on appropriately ruling out the most serious conditions and determining what the symptoms mean; doctors are trained and paid to methodically arrive at a proper assessment of what is wrong with a patient. A physician’s failure to properly diagnose cancer can mean the difference between life and death.
If you, a loved one, or your family members were improperly diagnosed — or not diagnosed at all — you may have the basis for a medical negligence case. Victims of this type of medical malpractice may be awarded financial compensation for their losses. Our personal injury lawyers can help you obtain that compensation if your situation calls for it.
When people develop symptoms they suspect could be cancer, they expect a timely diagnosis and cancer treatment as both are vital in remission from cancer. Unfortunately, some doctors miss the signs early on. Cancer misdiagnosis or a delay in receiving a proper diagnosis allows the disease to spread. By the time a doctor makes a correct diagnosis, it could be too late to save the patient’s life.
Some of the most common forms of cancer misdiagnosis include:
Regardless of your specific situation, you have the right to hire a cancer misdiagnosis attorney to pursue a medical malpractice lawsuit. New York medical malpractice laws regarding misdiagnosis typically give patients 30 months to initiate a claim.
In a medical malpractice case based on diagnostic error, the patient must prove that a doctor of similar specialty, under similar circumstances, would most likely have timely diagnosed the patient’s condition.
In other words:
A doctor can misdiagnose any type of cancer. However, misdiagnosis with cancer described below tends to happen with greater frequency. Our medical malpractice attorneys have fought for New Yorkers with the following types of misdiagnosed cancers:
The rate of misdiagnosis cancer can be as high as 20 percent. This is shocking when you consider the testing and technology available to doctors today. The patient bears partial responsibility in some cases by thinking the symptoms will go away and not seeking medical intervention soon enough. It is also common for a lab technician to misread an imaging report or tissue biopsy.
Negligence is another typical reason for cancer misdiagnosis. For example, a doctor or healthcare provider could have failed to recommend that a patient receive an age-based screening for a type of cancer more common to his or her age range. If you feel that malpractice has taken place, working with cancer misdiagnosis attorneys will help you understand your legal rights in terms of suing for financial compensation.
Negligence is a specific type of medical malpractice that occurs when a medical provider does not provide the patient with an accepted standard of care. It can be difficult to prove without the assistance of a cancer misdiagnosis lawyer.
In legal proceedings, juries determine negligence by comparing the medical practitioner’s actions or lack of actions with those of a provider with similar experience and education. You and your attorney must clearly demonstrate that it was the doctor’s actions alone that caused the misdiagnosis. The standard of care held up as an example can be determined by professional medical organizations, state or federal law, or common practice.
Some standards of care apply to all types of cancer while others only to certain types. Common examples of the latter types include colorectal and breast cancer. Guidelines already exist to begin testing patients for colorectal cancer at age 50 and breast cancer at age 40. Doctors are aware of these standards and should ensure that their patients are as well.
Even without a patient complaining of certain symptoms, a doctor may be liable for negligence for not recommending a screening once a patient reaches a certain age. However, the patient might bear responsibility for delayed diagnosis if he or she refused to have the screening performed.
The following are some additional examples of negligence in diagnosis:
When considering standard of care, it is important to realize that specialists are often held to a higher standard than general practitioners and that all doctors may receive greater leeway if the patient has a rare type of cancer that is difficult to diagnose. Nonetheless, anyone affected by these serious medical errors can contact cancer misdiagnosis lawyers for help in moving forward with their case.
The early detection of several types of cancer may improve your chance of cure or prevent the metastasis of cancer, or simply slow down its progression by timely palliative care. Within the standard of care, there are many tests or studies that a doctor may need to order or perform to allow for the early diagnosis of a patient’s cancer, such as Biopsies, MRIs, CT Scans, PET Scans, Mammograms, Pap Smears, Colonoscopies, Ultrasounds, X-Rays, and Blood Tests.
The Jacob Fuchsberg Law Firm has successfully represented clients who have had wrongful death and medical malpractice claims pertaining to the following cancer cases:
Breast Cancer, Lung Cancer, Cervical Cancer, Endometrial Cancer, Liver Cancer, Intestinal Cancer, Ovarian Cancer, Prostate Cancer, Renal Cancer, Testicular Cancer, Bladder Cancer, Oral Cancer, Skin Cancer, and many others serious conditions.
For over three generations we have been successfully representing victims of medical malpractice. We have accepted and resolved many cases, of all types including misdiagnosis as well as surgery. We succeed in obtaining full and just compensation even in the toughest cases. Our wonderful team of medical malpractice lawyers analyzes assesses and litigate all kinds of medical malpractice cases. This includes the most obvious to the most complex case. We work closely with the finest physicians to strongly present your case.
Contact the Jacob Fuchsberg Law Firm to discuss your concerns confidential attorney-client relationship. Our New York City attorneys represent injured clients on a contingency fee basis, which means you will not pay legal fees unless we recover compensation to help you cover the medical expenses and medical treatment for you.
Call 212-869-3500 today for your free case evaluation, we serve New York State, Connecticut, and New Jersey.