Cancer, delayed diagnosis and failure to follow guidelines

Yes, you can potentially sue a doctor for failing to properly diagnose cancer. If you believe that a healthcare provider’s negligence in diagnosis or treatment contributed to a delay in cancer detection, worsening the condition, or affecting the outcome, you may have grounds for a lawsuit. To pursue a case, you will need to prove that the doctor’s failure to act according to the standard of care directly caused harm or worsened the prognosis. Consulting with an experienced cancer malpractice lawyer can help you determine if you have a valid claim.

Yes, you can sue for a cancer misdiagnosis if you believe that medical negligence led to a delayed diagnosis cancer or improper treatment, significantly impacting your health outcomes. Misdiagnosis cases often hinge on proving that the standard of care was not met—meaning that a competent healthcare provider would have recognized the symptoms and administered appropriate testing. If a misdiagnosis led to a worsening of your condition, decreased life expectancy, or increased medical expenses, a lawsuit may be warranted. Consulting with a specialized cancer malpractice attorney can provide guidance on your legal options. 

The average payout for a cancer misdiagnosis varies widely depending on several factors, including the severity of the misdiagnosis, the resulting harm, and the strength of the case. Payouts can include compensation for medical expenses, lost wages, pain and suffering, and other damages related to the misdiagnosis. Each case is unique, and potential compensation depends on the specific details of the misdiagnosis and the impact it had on the patient’s health and life. A skilled cancer malpractice attorney can help estimate the potential value of a claim based on these factors.

To prove cancer misdiagnosis, you will need to establish several key elements: 

1. Standard of Care: Show that the healthcare provider did not adhere to the recognized standard of care. This means proving that a competent and reasonably skilled provider would have made a different diagnosis given the same symptoms and circumstances. 
2. Misdiagnosis: Provide evidence that the diagnosis was incorrect. This can involve medical records, imaging studies, pathology reports, and expert medical testimony that clearly indicates a different diagnosis should have been made. 
3. Impact on Prognosis: Demonstrate that the misdiagnosis directly resulted in a worse prognosis or that it delayed appropriate treatment, thereby worsening the patient’s condition or reducing their quality of life. 

New York cancer injury attorneys can help gather and present the necessary evidence, including medical records and expert testimony, to build a strong case. 

Yes, you may be able to collect damages if a family member passed away due to a cancer misdiagnosis. In wrongful death cases involving cancer misdiagnosis, surviving family members can pursue compensation for funeral expenses, medical bills, loss of financial support, emotional pain, and other related damages. These cases require proof of negligence, and that the misdiagnosis directly contributed to the death. Consulting with a top malpractice law firm who specializes in wrongful death claims related to cancer misdiagnosis can help you understand your legal rights and options.

In New York, the statute of limitations for filing a cancer malpractice claim is generally two years from the date of malpractice or from the end of continuous treatment. However, there are exceptions, so it’s crucial to consult with a lawyer as soon as possible.

We handle a wide range of cancer malpractice cases, including delayed diagnoses of colon, prostate, breast, liver, and other cancers, misinterpretation of imaging studies, failure to follow screening guidelines, and more. Each case is unique, and our malpractice and cancer misdiagnosis lawyers tailor the approach to meet your specific needs.

During your free consultation, we’ll review the details of your situation, assess the evidence, and determine whether you have a viable case based on medical standards and legal requirements.

Evaluating a delayed diagnosis case will include analysis of the type of cancer, the time period of delay caused by malpractice, and what a qualified expert would say that the delay cost the patient in terms of ability to avoid the effects of cancer.

In New York, the legal standard is to show a “loss of chance” of cure or better result. That is, the Plaintiff need not show that he or she would likely have had a better result with the proper diagnosis, but that due to malpractice they were deprived of even a “significant chance” for better result. [1]

Yes, we offer free consultations to evaluate your case and discuss your legal options. There is no obligation to proceed after the consultation.

We prioritize clear and consistent communication with our clients. You will receive regular updates on your case’s progress, and our team is always available to answer any questions or address any concerns you may have.