Cancer Misdiagnosis Lawyer in New York

As a cancer misdiagnosis law firm in New York, the Law Offices of Albert Goodwin is committed to helping clients secure the just compensation they are entitled to when medical professionals fail to diagnose cancer accurately and timely.

Cancer misdiagnosis can lead to life-altering consequences for patients and their families. Delayed treatment allows cancer to progress and spread, while incorrect treatment can cause unnecessary pain, suffering, and side effects. Misdiagnosis can result in wrongful death, leaving families to face emotional trauma and financial hardships.

You can schedule a no-obligation case review with us. We will listen to your story and provide honest, straightforward legal advice. We will answer your questions and explain your legal options. We accept cases on contingency where you pay no fees unless we secure compensation on your behalf.

How Common Are Cases of Cancer Misdiagnosis?

Misdiagnosis is a common medical error, with cancer misdiagnosis being one of the most prevalent types of diagnostic errors. It can occur at various stages, from initial screening to post-treatment monitoring, and both false-positive and false-negative diagnoses can have severe consequences for patients. The high incidence of cancer misdiagnosis, approximately 11% of cases, highlights the need for improved diagnostic processes and technologies. Some cancers, such as lung cancer (22.5%), melanoma (13.6%), colorectal cancer (9.6%), and breast cancer (8.9%), are misdiagnosed more often than others.

What Are Common Causes of Cancer Misdiagnosis?

Several factors can contribute to cancer misdiagnosis:

• Doctors discounting symptoms, such as dismissing persistent pain, unusual bleeding or discharge, fatigue, weight loss, appetite changes, or lumps as minor or unrelated to cancer without proper investigation
• Failing to analyze patient risk factors, including family history, genetic predispositions, environmental exposures, and lifestyle factors like smoking or excessive sun exposure
• Not ordering correct diagnostic tests, such as mammograms for suspicious breast lumps, colonoscopies for persistent digestive issues, biopsies for abnormal skin growths, or advanced imaging like MRIs or CT scans when warranted
• Errors in reading test results, including misinterpreting mammogram, ultrasound, X-ray, or biopsy results, or overlooking important markers in blood tests
• Failing to prescribe prompt or correct treatment, such as delaying chemotherapy, radiation, or surgery, prescribing ineffective treatments, recommending overly aggressive therapies, or not providing appropriate palliative care
• Diagnosing the incorrect cancer type, like misidentifying lymphoma, skin cancer, or sarcomas, or incorrectly classifying the subtype or stage
• Not referring patients to specialists, such as neurologists, hematologists, oncologists, radiologists, or pathologists when needed
• Delays in diagnosis due to prolonged wait times, failure to follow up on abnormal results, neglecting to order additional tests, or not recognizing the urgency of symptoms
• Defective equipment, such as malfunctioning mammogram machines, improperly calibrated laboratory equipment, outdated imaging devices, or faulty biopsy tools
• Mistakes in collecting or preserving samples, including improperly labeling, mishandling, failing to obtain sufficient samples, not following protocols, or contaminating specimens

We investigate to determine the full cause and liable parties in cancer misdiagnosis cases. We thoroughly review medical records, test results, and other relevant documentation. Our team interviews patients, family members, and healthcare providers to gather crucial information and evidence.

Common Types of Injuries Caused by Cancer Misdiagnosis

Cancer misdiagnosis often results in wrongful death or significant harm. It can lead to preventable deaths when treatment is delayed. Cancer misdiagnosis can lead to various severe consequences, including:

• Wrongful death or significant harm due to delayed or incorrect treatment
• Nerve and tissue damage from cancer spreading or incorrect radiation therapy
• Organ damage from cancer metastasis or treatment side effects
• Brain injuries resulting in cognitive impairments, seizures, or paralysis
• Amputation due to extensively spread cancer or severe tissue damage
• Unnecessary painful treatments with debilitating side effects

Liability and Damages

Liability

The misdiagnosing doctor is generally liable for cancer misdiagnosis. Physicians have a duty to provide a standard of care that a reasonably competent doctor would offer under similar circumstances. Failing to order appropriate tests, misinterpreting results, or not referring patients to specialists can constitute negligence. Doctors who breach this duty and cause harm to patients may be held liable for medical malpractice.

However, medical facilities, radiologists, and other healthcare providers could also share liability. Hospitals, clinics, and other institutions that employ the misdiagnosing doctor may be responsible for ensuring their staff are properly trained, supervised, and equipped to provide adequate care. Radiologists who misinterpret imaging results or fail to communicate critical findings to ordering physicians may be liable. Pathologists who misdiagnose cancer based on biopsy samples or provide incorrect tumor classifications can share responsibility. Nurses, physician assistants, and other healthcare professionals who contribute to the misdiagnosis may also be held accountable.

Damages

Patients may be entitled to various types of recoverable damages. Lost wages and benefits can be compensated, including income lost due to the misdiagnosis and subsequent treatment, such as wages, bonuses, commissions, and other forms of compensation the patient would have earned had they been able to work. Future lost earnings, considering the patient's age, occupation, and earning potential, may also be recoverable. Loss of employment benefits, such as health insurance, retirement contributions, and paid time off, can be included in the claim.

Patients may seek compensation for the physical pain and emotional anguish caused by the misdiagnosis and delayed treatment. This includes the discomfort and suffering associated with advanced cancer symptoms, invasive procedures, and aggressive therapies. Emotional distress, anxiety, depression, and other psychological impacts resulting from the misdiagnosis are also compensable. The severity and duration of the pain and suffering will influence the amount of damages awarded.

Medical costs incurred due to the misdiagnosis, including diagnostic tests, surgeries, and medications, can be recovered. Future medical costs, such as ongoing cancer treatments, rehabilitation, and palliative care, can also be included in the claim. Travel expenses for medical appointments, modifications to the home for accessibility, and other related costs may be recoverable. In cases of wrongful death, funeral and burial expenses can be sought as part of the damages.

If the misdiagnosis results in permanent disabilities or impairments, patients may be entitled to compensation for the loss of function. This can include paralysis, cognitive deficits, hearing or vision loss, or other disabilities that impact the patient's daily life. The cost of adaptive equipment, home modifications, and ongoing care related to the disability can be included in the damages. Compensation for the loss of enjoyment of life and the inability to participate in previous activities may also be sought.

Patients may seek damages for the overall reduction in their quality of life due to the misdiagnosis and its consequences. This can encompass the loss of independence, diminished relationships with family and friends, and the inability to pursue hobbies or interests. The emotional toll of living with advanced cancer, undergoing debilitating treatments, and facing a shortened life expectancy can be compensated. In wrongful death cases, the loss of companionship, guidance, and support for the deceased's loved ones may be included in the damages.

Proving that a cancer misdiagnosis constitutes medical malpractice is complex and requires medical experts. Demonstrating malpractice requires a thorough understanding of medical standards and practices. Expert testimony from oncologists, radiologists, pathologists, and other medical professionals is essential to establish the standard of care. These experts can review the patient's medical records, test results, and other evidence to identify deviations from the standard of care. They can also provide insight into how a reasonably competent physician would have acted under similar circumstances and the likely outcome of a timely diagnosis.

Statute of Limitations

Each state has a specific time limit for filing a medical malpractice lawsuit, known as the statute of limitations. In New York, the statute of limitations for medical malpractice cases is generally 2.5 years from the date of the misdiagnosis or the end of continuous treatment. Failing to file a claim within this time frame can result in losing your right to seek compensation, regardless of the strength of your case. Certain exceptions may apply, such as the discovery rule, which allows the statute of limitations to begin when the patient discovers or should have reasonably discovered the misdiagnosis. Minors who are misdiagnosed may have additional time to file a claim, typically until they reach the age of majority plus the standard statute of limitations period. It is crucial to consult with a cancer misdiagnosis attorney like us as soon as possible to ensure your claim is filed within the applicable statute of limitations.

Schedule a free consultation with us. The Law Offices of Albert Goodwin offers free, no-obligation consultations to discuss your cancer misdiagnosis case. During your consultation, we will listen to your story, review any available medical records, and assess the merits of your claim. We will explain the legal process, answer your questions, and provide guidance on your best course of action. We work on a contingency fee basis, meaning you pay no upfront costs or attorneys' fees unless we secure a settlement or verdict on your behalf. You can call us at 212-233-1233 or send us an email at [email protected]. We represent cancer misdiagnosis victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.