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When someone is diagnosed with cancer, time is of the essence, as there are many complicated decisions about treatments, prognosis, and quality of life. When providers make medical errors, such as a delayed or missed cancer diagnosis, it robs patients of that time.
If you or a loved one has been affected by a missed or delayed cancer diagnosis, you may be entitled to compensation. You also do not have to go through the process of seeking compensation alone. An experienced Syracuse medical malpractice attorney can evaluate your case and help you understand your medical options.
What Is a Failure to Diagnose Cancer?
A failure to diagnose cancer occurs when a medical professional fails to identify and treat cancer in a patient when they reasonably should have. This typically happens when a patient exhibits clear signs and symptoms of cancer that a competent doctor should have recognized.
There are a few common forms this error could take:
- Failure to order appropriate and timely screenings like mammograms, colonoscopies, and biopsies based on a patient’s risk factors and symptoms
- Radiologists’ and pathologists’ misinterpretation of test results from imaging studies or biopsies, leading to a missed or incorrect diagnosis
- Dismissing patient symptoms or downplaying significant symptoms that warrant further investigation, delaying diagnosis and treatment
- Lack of proper follow-up following abnormal test results or scheduling necessary appointments
For many patients, failure to diagnose has devastating outcomes. That’s because successful cancer treatment and the likelihood of recovery depend heavily on an early diagnosis. When a failure to diagnose cancer occurs, the patient often misses a critical timeframe during which treatment is most effective.
Can I File a Medical Malpractice Claim After a Failure to Diagnose Cancer?
When a diagnosis is delayed or missed, there may be cause for a medical malpractice suit. Medical malpractice means professional negligence by a healthcare provider that causes harm or injury to a patient.
To better understand your options and rights in New York, if you suspect medical malpractice led to a delayed or missed cancer diagnosis, take the following steps:
- Confirm your diagnosis with a second opinion from an independent oncologist in New York to verify your cancer diagnosis and stage.
- Gather all medical records related to your diagnosis.
- Contact a New York medical malpractice attorney. They can help to review your case, identify liable parties, build an investigation, and explain your rights to pursue compensation.
How Do I Establish Liability?
In medical malpractice cases involving a failure to diagnose cancer, it’s important to establish a few elements:
- A duty of care must exist between the patient and the healthcare provider
- The healthcare provider’s actions must fall below the accepted standard of care for a reasonably prudent medical professional in the same situation
- A delayed or missed diagnosis must have directly caused the patient’s injuries, such as disease progression, increased treatment needs, or reduced life expectancy
- The patient must have suffered damages due to the malpractice, including physical pain, emotional distress, lost wages, and medical expenses
What Kind of Compensation Can I Receive?
Patients who have suffered due to a missed or delayed cancer diagnosis have the right to seek compensation for their losses. This compensation may address:
- Medical expenses related to treatment, surgery, chemotherapy, radiation, and hospitalization
- Lost wages and income if you’re unable to work during treatment
- Physical pain and suffering, emotional distress, and a reduction in quality of life
- Loss of consortium or compensation for the family members of the patient
- Wrongful death-related damages, such as funeral expenses and loss of financial support
Contact Our Experienced Syracuse Medical Malpractice Attorneys
Facing a delayed or missed cancer diagnosis is devastating. An experienced attorney can take charge of pursuing the compensation you deserve through a medical malpractice claim. Contact Carden Dotzler Hammond, PLLC, to discuss your situation in an initial consultation and learn about your legal options.
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.