Cancer is among the most devastating diagnoses a person can receive, but many cancer patients take solace in the fact that their doctors have developed a comprehensive treatment plan to treat their malignancies and help them remain in remission. Tragically, though, some doctors fail to develop adequate treatment plans, placing their patients’ health in jeopardy. Errors in cancer treatment plans can lead to devastating consequences for patients, sometimes causing irreparable harm, and if you or a loved one are a victim of such mistakes, you should talk to an attorney about your rights. At DeFrancisco & Falgiatano Personal Injury Lawyers, our capable Syracuse medical malpractice attorneys are dedicated to helping people hurt by medical negligence protect their interests, and if we represent you, we will work tirelessly on your behalf. We regularly serve clients in Syracuse, Rochester, and across Upstate New York.
Common Errors in Cancer Treatment PlansCancer treatment is inherently complex, and any error in the treatment plan can have serious ramifications. Errors in cancer treatment plans can occur at any stage of the process, whether in the initial diagnosis, cancer staging, or the selection and administration of treatments. One of the most common causes of errors in cancer treatment plans is miscommunication between healthcare providers. Cancer patients often require care from multiple specialists, including oncologists, radiologists, pathologists, and surgeons. Each of these providers plays a crucial role in the patient's overall treatment plan, and any miscommunication or failure to share important information can lead to mistakes.
Other errors may involve recommending an inappropriate treatment plan based on an inaccurate assessment of the cancer’s severity or type. In some cases, physicians may prescribe treatments that are too aggressive, subjecting patients to unnecessary risks and side effects. Alternatively, under-treatment may leave cancer cells unchecked, leading to progression of the disease. These are just a few examples of how errors in cancer treatment plans can cause significant harm, and when they do, those responsible must be held accountable.
Proving Liability for Errors in Cancer Treatment PlansMany people harmed by errors in cancer treatment plans will pursue medical malpractice claims against those responsible for their losses. To be successful in such claims, they must prove the defendant’s liability, which typically means they must show the defendant’s negligence.
To demonstrate negligence under New York law, the plaintiff first must establish that the defendant owed them a duty of care. In other words, they have to show that the defendant was responsible for offering treatment that would be considered the accepted and good practice of medicine by professionals in the same field. Next, the plaintiff must demonstrate that the defendant breached this duty by failing to meet the accepted standard of care. This often involves presenting expert testimony to explain how the defendant’s actions deviated from what is typically expected of competent practitioners
In addition to proving a breach of the duty owed, the plaintiff must also show that this breach directly caused their injuries. For instance, if the plaintiff’s cancer progressed because their treatment plan was improperly delayed or mismanaged, this could form the basis for a malpractice claim. Lastly, the plaintiff must show that they suffered damages, such as additional medical costs, lost wages, pain and suffering, or reduced life expectancy, as a result of the provider’s error. If a plaintiff adequately demonstrates a defendant’s fault, they may be awarded damages for the financial losses, including lost wages, medical bills, and out-of-pocket costs, as well as compensation for their intangible harm, like suffering, pain, and mental and emotional distress.
Contact an Experienced Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkIf you or a loved one were injured due to errors in cancer treatment plans, it is wise to contact an attorney to discuss your options for pursuing damages. The seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers know what it takes to obtain favorable outcomes in claims against careless doctors, and if you engage our services, we will advocate zealously on your behalf. We regularly help victims of medical negligence pursue damages in Syracuse, Rochester, and throughout Upstate New York. You can contact us via our online form or by calling us at 833-200-2000 to arrange a confidential and free conference.