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A cancer diagnosis is a life-changing event. Any delay in getting that diagnosis can be devastating. When cancer is caught early, patients often have more treatment options, better outcomes, and higher survival rates. When a doctor fails to diagnose cancer in a timely manner, the consequences can be severe.
In New York, patients who suffer harm due to a delayed or missed cancer diagnosis may have the right to pursue a medical malpractice claim. Through a personal injury lawsuit, you can recover money for your medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and other losses. Our New York medical malpractice attorneys will fight to get you the compensation that you deserve for your losses.
At the Law Offices of Thomas L. Gallivan, we have substantial experience representing victims of all types of medical negligence, including failure to diagnose/missed diagnosis cases. We handle all medical malpractice cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Reach out to our law firm today to schedule a free initial consultation with a New York failure to diagnose lawyer.
What Is a Failure to Diagnose Cancer?
A failure to diagnose cancer occurs when a medical professional does not identify cancer when they reasonably should have based on a patient’s symptoms, medical history, and/or diagnostic test results. This can include:
- Completely missing a cancer diagnosis
- Misdiagnosing cancer as a less serious condition
- Failing to order appropriate tests
- Delaying the diagnosis unnecessarily
Importantly, not every missed diagnosis is malpractice. Doctors and other healthcare providers are not expected to be perfect. There may be situations where a patient’s symptoms or test results were not clear enough to indicate cancer in its early stages.
However, medical professionals are required to meet the accepted standard of care for the profession. If they fail to do so, and that failure causes harm, it may be considered medical malpractice.
Why Early Cancer Diagnosis Matters
Early detection is critical in cancer treatment. Many cancers, such as breast, prostate, and skin cancer, are highly treatable in their early stages. Delays in diagnosis can allow the disease to progress, spread to other parts of the body, and become significantly more difficult to treat.
The impact of a delayed diagnosis may include:
- More invasive treatments (such as chemotherapy or more extensive surgery)
- Reduced survival rates
- Increased medical costs
- Greater physical and emotional suffering
In some cases, a delay of even a few months can make a significant difference in a patient’s prognosis. That is why getting the right diagnosis as early as possible is so vital for people with cancer.
Common Causes of Missed or Delayed Cancer Diagnoses
Failure to diagnose cancer can happen at multiple points in the healthcare process. Some of the most common causes include:
- Misinterpretation of Test Results: Radiologists or pathologists may incorrectly read imaging scans, biopsies, or lab results, leading to a missed diagnosis.
- Failure to Order Appropriate Tests: A doctor may dismiss symptoms as minor and fail to order necessary diagnostic tests such as MRIs, CT scans, or biopsies.
- Ignoring Patient Symptoms: Persistent symptoms like unexplained weight loss, chronic pain, or unusual lumps should be investigated. Dismissing these signs can lead to delays in diagnosis.
- Poor Communication: Breakdowns in communication between healthcare providers or between doctor and patient can result in missed follow-ups or overlooked test results.
- Inadequate Follow-Up Care: Doctors have a duty to follow up on abnormal test results. Failing to notify patients about these results or to schedule additional testing can be a form of medical negligence.
- Overworked or Understaffed Facilities: Busy hospitals and clinics may contribute to errors, overlooked records, or rushed evaluations.
Types of Cancer That Are Commonly Misdiagnosed
Any type of cancer can potentially be missed by a medical professional. However, some types of cancer are more commonly missed due to their subtle or overlapping symptoms. This includes:
- Breast cancer
- Lung cancer
- Colorectal cancer
- Ovarian cancer
- Skin cancer (including melanoma)
For example, lung cancer symptoms may be mistaken for respiratory infections. Ovarian cancer is often referred to as a “silent killer” due to its vague, easily overlooked early symptoms.
No matter what type of cancer you have, if your doctor delayed or missed the diagnosis, it could be a sign of medical negligence. Our seasoned New York failure to diagnose cancer attorneys will evaluate your case and help you get justice for your losses.
When Is a Missed Diagnosis Considered Medical Malpractice?
As noted above, not every delayed or missed diagnosis is medical malpractice. In New York, a missed cancer diagnosis becomes medical malpractice when certain legal elements are met.
First, there must be a doctor-patient (or provider-patient) relationship. You must show that a formal relationship existed, which means that the medical professional had a duty to provide care.
Second, you must prove that the medical professional deviated from the standard of care. This involves demonstrating that the provider failed to act as a reasonably competent medical professional would under similar circumstances. The standard of care is specialty-specific (i.e., a primary care doctor is not held to the standard of care for an oncologist).
Third, you must prove that the medical professional’s failure directly caused harm. This is often the most complex part of a case, as you will need to develop evidence to show that your injuries were specifically caused or made worse by the delay (as opposed to the cancer itself).
Fourth, you must show that you have suffered measurable harm (damages) as a result of the provider’s failure to meet the standard of care. This can include a worse prognosis, additional medical expenses, or pain and suffering.
Failure to diagnose cancer cases can be complicated and are heavily dependent on the facts of the case. For example, if a doctor failed to diagnose cancer but the outcome would have been the same regardless of timing, a malpractice claim might not succeed. However, if earlier diagnosis would have improved survival rates or reduced treatment severity, there may be grounds for a claim.
In New York, medical malpractice claims require expert testimony. A qualified medical expert must review a case and confirm that:
- The medical professional deviated from the accepted standard of care.
- This deviation caused harm to the patient.
New York law also requires a “certificate of merit.” This is a document that your attorney will submit to certify that they have consulted with a medical expert before filing the lawsuit.
For some types of personal injury claims, it may be possible to handle the case on your own (particularly if your injuries are minimal). Medical malpractice cases, and especially failure to diagnose cancer claims, are different. They are highly complex and require significant legal and medical expertise.
An experienced New York medical malpractice attorney will investigate the case to confirm that your injuries were caused by medical negligence. This will typically involve reviewing medical records and working with experts to identify where the issue occurred. At the same time, they will gather evidence to prove negligence, causation, and damages.
Your lawyer will also handle all communications and negotiations with the insurance company. This can reduce stress during an already difficult time in your life. It can also increase the likelihood of resolving your case for fair compensation.
Most personal injury claims are resolved outside of court. However, it is often necessary to file a lawsuit to protect your legal rights. Your attorney will prepare the necessary documents and engage in the pre-trial process to protect your legal rights and take your case to trial if necessary.
Compensation in a Missed Cancer Diagnosis Case
Victims of a delayed or missed cancer diagnosis may be entitled to compensation for all of their losses. This typically includes money for both their economic and non-economic damages.
Economic damages pay for your financial losses. In a failure to diagnose cancer case, this may include money for your past and future medical bills, cost of additional treatments, lost wages, and reduced earning capacity. It could also include money for other expenses, such as modifying your house to make it accessible if your cancer caused permanent disability.
Non-economic damages compensate medical malpractice victims for their intangible losses. Examples of non-economic damages may include money for pain and suffering, emotional distress, reduced quality of life, scarring, disfigurement, and permanent disability.
If a loved one passes away due to a delayed cancer diagnosis, surviving family members may pursue a wrongful death claim. Compensation may include money for funeral and burial expenses, loss of financial support, and loss of companionship, in addition to other damages.
Punitive damages may be awarded in rare cases where a medical professional’s deviation from the standard of care was intentional or reckless. This is not common, but it may happen in certain situations. For example, if a doctor is struggling with substance abuse issues and is seeing patients while under the influence, their recklessness could warrant punitive damages.
Medical malpractice claims are handled by insurance companies. They are often hotly contested, which makes it all the more important that you work with experienced legal counsel.
Insurance companies make money by minimizing or denying legitimate claims. This means that a medical malpractice insurer will rarely pay you the money that you deserve unless they know that there is a real possibility of litigation.
Filing a lawsuit does not mean that your case will go to trial. Instead, it is a way to preserve your right to sue and to indicate to the medical malpractice insurance company that you are serious about your claim. Our New York medical malpractice attorneys always try to resolve cases outside of court, but won’t hesitate to take a case to trial to get our clients the money that they deserve for their injuries.
Compassionate Legal Representation for Victims of Medical Malpractice in New York
A missed or delayed cancer diagnosis can change the course of a person’s life in profound ways. When a medical professional’s negligence leads to unnecessary suffering, patients and their families deserve both answers and accountability. Our law firm can help you get maximum compensation for your injuries while pursuing justice through a medical malpractice claim.
At the Law Offices of Thomas L. Gallivan, we know that no amount of compensation can undo the harm caused by a missed cancer diagnosis. However, we strongly believe that pursuing a claim can offer both necessary financial support and closure for victims of medical malpractice. To learn more, call our law firm at 866-931-8936 or fill out our online contact form to schedule a free consultation with a New York failure to diagnose cancer attorney.
