Doctors are trusted to properly diagnose their patients with cancer and other diseases so they can receive the treatments they need. Unfortunately, this does not always happen. Each year, hundreds of thousands of cancer cases go undiagnosed, many of which are due to failures on the part of physicians and other medical professionals.
When doctors don’t abide by the standards that govern the practice of medicine and thereby cause injury to their patients, the patients have the right to file a lawsuit to seek compensation. Litigating one of these claims requires the experience of a medical malpractice law firm that is dedicated to helping its clients win the justice they deserve. If you live in Syracuse or Central New York and you were harmed by a negligent medical professional, count on Carden Dotzler Hammond, PLLC, to go to work for you.
Early Detection Is Critical
Cancer can be more effectively treated the earlier it is discovered. Even relatively aggressive cancers are much easier to manage if they are detected at an early stage. A healthcare professional can stop or slow the growth of malignant cells before they spread to other parts of the body.
This allows the patient to have more options for ridding the body of the disease, potentially improving the chances of survival and decreasing the likelihood of complications. Conversely, the failure to timely diagnose cancer puts the patient at risk of severe medical problems and death. The patient may need invasive and harsh treatments such as chemotherapy, surgery, and experimental remedies.
Why Cancer Goes Undiagnosed
Cancer is considered undiagnosed if the detection is unreasonably delayed past the point of effective treatment. Put another way, if a medical professional determines that a patient has cancer and it’s too late to treat the disease, it is considered a failed diagnosis. This medical error usually occurs for one of several reasons:
- misdiagnosis: A misdiagnosis means that the treating physician examined the patient’s symptoms but incorrectly concluded it was something else. The patient may end up being treated for the wrong disease, which will not only delay the treatment they need but expose them to other, unnecessary procedures.
- Diagnostic error: The patient’s doctor or another medical professional, such as a lab technician, may fail to properly detect the cancer due to an error with the tests or the equipment used. Misreading test results means the patient may never learn of the disease or learn about it far too late.
- Miscommunication: Many individuals and facilities are responsible for handling a patient’s medical records. With so many parties involved, there is a chance for a miscommunication which prevents the cancer diagnosis from reaching the patient. A related problem is when the treating physician fails to properly explain the diagnosis to the patient.
- Insufficient follow-up: Cancer is not always detected the first time a patient visits the doctor to report symptoms. Follow-up appointments and testing may be necessary to determine if the symptoms are consistent with cancer. Only in this way, and through vigilant patient monitoring, can the cancer be diagnosed and treated properly.
- Failure to refer the patient to another doctor: The doctor may be inexperienced with cancer, or with the type of cancer that the patient has, and may not understand what the symptoms indicate. If the doctor is unsure whether the patient has cancer or how to treat it, it is vital that they refer the patient to someone else (such as a specialist) who can properly do so.
Elements of a Syracuse Malpractice Lawsuit
As the plaintiff, the victim has the burden of establishing the elements of a malpractice lawsuit. A knowledgeable attorney can help you prove the following:
- A doctor-patient relationship: At the time of the failed diagnosis, there must have been a professional medical relationship between the treating physician or hospital and the patient. This is relatively easy to prove with medical records. The doctor-patient relationship gives rise to a duty of care that the professional owes the patient.
- The doctor or hospital was negligent: Next, the patient must show that the doctor or hospital breached their duty of care by committing negligence. Negligence is conduct that departs from the accepted medical standard of care. The court will consider whether a reasonably competent professional or facility, under the same circumstances, would have done what the defendant did.
- The negligence caused injury or death: There must be a causal link between the negligence and the harm that the patient suffered. Would the patient have died or been injured but for the doctor’s or facility’s failure to detect the cancer? Proving causation usually requires the testimony of expert medical witnesses.
Finally, the victim must show that they suffered losses due to the negligent conduct of the doctor or facility. In the event the patient dies from cancer, the family will seek damages in a similar legal action known as a wrongful death lawsuit.
Available Damages in a Failure to Diagnose Case
Every case of failure to diagnose cancer is different. Generally, courts in Syracuse and Central New York will award victims the following:
- Medical bills to treat the cancer, including reasonably estimated future expenses
- Lost wages due to treatment and recovery time
- Lost earning capacity based on how the cancer affects the patient’s ability to work
- Pain and suffering
- Emotional distress and mental anguish
- Permanent injury or disability
In wrongful death cases, surviving family members can generally seek compensation to cover:
- The victim’s final medical bills
- Funeral and burial costs
- The victim’s future lost income and benefits
- Pain and suffering the victim experienced before death
- Emotional losses such as marital consortium, guidance, companionship, etc.
Contact Our Syracuse Cancer Misdiagnosis Attorneys
The failure to diagnose cancer is serious, and winning fair compensation demands serious representation. Let the team at CDH Law serve you with the legal advocacy and compassion that you deserve during this difficult time. Contact us today to learn more and to get started with your case.
Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.