Each year, thousands of women in New York face the devastating diagnosis of ovarian cancer. Patients with symptoms of ovarian cancer will often seek medical treatment, but unfortunately, many doctors disregard their concerns and attribute their complaints to other illnesses. When physicians neglect to address these symptoms appropriately, it can result in the failure to diagnose ovarian cancer, which, in many instances, constitutes malpractice. If you or a loved one sustained losses due to a delayed or missed diagnosis of ovarian cancer, it's crucial to speak to an attorney about your rights. The Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are committed to helping victims of medical malpractice seek the compensation they deserve, and if we represent you, we will fight tirelessly on your behalf. We regularly represent injured parties in medical malpractice matters in Syracuse, where our primary office is located, as well as in Rochester and other cities in Upstate New York.
Harm Caused by the Failure to Diagnose Ovarian CancerThe symptoms of ovarian cancer include abdominal swelling and bloating, unexplained weight loss, pelvic pain, frequent urination, and changes in bowel habits. Certain risk factors, such as age, family history, hormone replacement therapy, and genetic mutations, can increase the likelihood of ovarian cancer. When a patient reports symptoms that could be indicative of ovarian cancer, the standard of care typically requires a doctor to perform a pelvic examination and may involve ordering diagnostic imaging and blood tests. In some cases, a surgical biopsy may be necessary to confirm a diagnosis.
If a physician fails to conduct these essential tests, misinterprets test results, or neglects to take appropriate action when symptoms suggest ovarian cancer, the patient's condition may remain undiagnosed until it reaches an advanced stage, making treatment more challenging.
Elements of a Malpractice Claim Arising Out of the Failure to Diagnose Ovarian CancerIn New York, a plaintiff pursuing a medical malpractice claim due to a physician’s failure to diagnose ovarian cancer usually must prove that the defendant acted negligently. This involves demonstrating that the provider had a duty to offer treatment that met the applicable standard of care, which is the level of care that is considered good and accepted practice of medicine within the relevant community.
The plaintiff must then present evidence showing that the defendant deviated from this standard of care and that this deviation directly resulted in the patient's harm. In other words, they must show that the defendant's actions or omissions were a substantial factor in causing the harm and that the patient would not have suffered injury without the defendant's conduct. In many medical malpractice cases, it is necessary to retain a qualified medical expert who practices in the same specialty as the defendant to explain the standard of care and how the defendant breached it. Expert testimony is also crucial to establish the connection between the defendant's actions and the harm suffered by the patient.
If the plaintiff successfully proves the defendant's liability, they may be entitled to damages, including economic losses such as medical expenses, out-of-pocket costs, and lost wages. The plaintiff may also be able to recover compensation for their non-economic harm, such as mental distress, pain, and suffering.
Consult With an Experienced Attorney Helping People Harmed by Medical Malpractice in Syracuse, Rochester, and Upstate New YorkOvarian cancer is a life-threatening disease, and early diagnosis is critical for a patient's chances of recovery. If you believe that a doctor's failure to diagnose ovarian cancer caused you or a loved one harm, you should consult an attorney about your options for seeking compensation. The experienced Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer are dedicated to assisting individuals harmed by negligent healthcare providers in the pursuit of justice, and if you hire us, we will advocate aggressively on your behalf. We routinely help people pursue medical malpractice claims in Syracuse, where our main office is located, and in Rochester and other cities throughout Upstate New York. You can contact us through our form online or by calling 833-200-2000 to set up a free and confidential conference.