Lung cancer is a devastating illness that is, unfortunately, the second most commonly diagnosed cancer in both men and women. The majority of malignancies that originate in the lungs are non-small cell lung cancers. While non-small cell lung cancers spread less rapidly than small cell lung cancer, they can be harder to treat once they metastasize, and a timely diagnosis is essential to good outcomes. As such, a doctor’s failure to diagnose non-small cell lung cancer can have devastating and often fatal results. If you or a loved one were harmed by your doctor’s failure to diagnose a malignancy, you have the right to seek justice for your losses, and you should talk to an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skillful Syracuse medical malpractice attorneys understand the irreparable harm a doctor’s careless oversights can cause, and if we represent you, we will work diligently to help you seek the best legal outcome possible. We regularly represent people in lawsuits arising out of the failure to diagnose cancer in Syracuse, Rochester, and cities throughout Upstate New York.
Diagnosing Non-Small Cell Lung CancerEarly symptoms of non-small cell lung cancer include coughing, hoarseness, coughing up blood, shortness of breath, weight loss, chest pain, and loss of appetite. If the disease progresses, it may cause weakness, fatigue, trouble swallowing, and recurrent infections. Smoking is the primary risk factor for non-small cell lung cancer, followed by exposure to radon and secondhand smoke.
If a patient presents with signs of non-small cell lung cancer, their doctor will typically obtain a thorough medical history and conduct a physical examination. They will most likely order imaging tests such as chest X-rays, CT scans, MRIs, and PET scans, as well, to visualize lung abnormalities and detect tumors. If a doctor observes abnormalities, they will typically order a bronchoscopy, needle biopsy, or surgical biopsy, to obtain tissue samples so they can make a definitive diagnosis.
Treatment of non-small cell lung cancer varies based on cancer stage, health, and other factors. Non-small cell lung cancer generally does not respond well to chemotherapy, and therefore, surgery is the preferred treatment in early stages. As such, the failure to diagnose non-small cell lung cancer when it is in the early stages can limit treatment options.
Lawsuits Arising out of the Failure to Diagnose Non-Small Cell Lung CancerA physician’s failure to diagnose non-small cell lung cancer can irreparably harm a patient’s health. As such, many people who are injured by such oversights will seek recourse via medical malpractice claims.
A plaintiff in a medical malpractice lawsuit will usually need to establish the defendant’s negligence to recover compensation. In New York, four elements make up negligence: duty, breach, damages, and causation. In a medical malpractice case, duty refers to the responsibility a doctor has to offer a patient treatment that aligns with the applicable standard of care, which is what is considered the accepted and good practice of medicine in the specialty and area in which the defendant practices. Any acts or omissions that deviate from the standard of care typically constitute a breach. Damages refer to the harm the plaintiff suffered, while causation connects the defendant’s breach of the standard of care to the plaintiff’s losses. In other words, the plaintiff has to prove that their harm is the direct outcome of the defendant’s breach.
In most cases, testimony from a medical expert is needed to explain the standard of care to the factfinder and to show how the defendant’s breach of the standard caused the plaintiff’s harm. Expert testimony may also be needed to quantify the plaintiff’s losses.
Meet with an Experienced Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkPeople diagnosed with non-small cell lung cancer often fear the worst, but when the disease is caught in the early stages, patients may achieve good outcomes. The failure to diagnose non-small cell lung cancer, though, often leaves patients with fewer treatment options and a worsened prognosis. If you sustained damages due to a doctor’s failure to provide a prompt and accurate cancer diagnosis, it is wise to meet with an attorney to assess what claims you may be able to pursue. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers proudly assist people harmed by careless physicians in the pursuit of compensation, and if you hire us, we will craft persuasive arguments in your favor. Our primary office is located in Syracuse, and we regularly assist parties in medical malpractice cases in Syracuse as well as in Rochester and other cities in Upstate New York. You can contact us to set up a complimentary and confidential meeting by calling us at 833-200-2000 or via our online form.