When healthcare providers fail to properly diagnose cancer or misdiagnose other conditions as cancer, it can result in delayed treatment, exacerbation of the condition, and additional complications, and such errors and oversights typically constitute medical malpractice. If you suffered harm due to a misdiagnosed cancer, you may be able to pursue compensation for your losses, and you should consult an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned team of Syracuse medical malpractice attorneys is dedicated to helping victims of medical negligence in the pursuit of justice, and if you hire us, we will help you seek the full compensation you deserve under the law. We frequently represent injured patients in medical malpractice claims in Syracuse, as well as in Rochester and cities throughout Upstate New York.
Ailments Commonly Misdiagnosed as CancerThere are numerous conditions that can be misdiagnosed as cancer. False positives can occur with any type of cancer if the pathologist evaluating a specimen for a biopsy misconstrues the results due to carelessness, inexperience, or other issues. Additionally, some benign brain tumors, which are typically not life-threatening, may be misdiagnosed as cancer. Arthritis and osteoporosis can also be misdiagnosed as bone cancer.
Conversely, a doctor may diagnose a patient with a relatively minor illness or condition when they, in fact, have cancer. For example, a physician may advise a patient they have a cyst or a benign mass when they actually have breast cancer. Similarly, colon cancer may be improperly diagnosed as irritable bowel syndrome or Crohn's disease, while lung cancer may be misdiagnosed as COPD or other respiratory ailments. In some instances, a doctor will determine that a patient has cancer but diagnose them with the wrong type. These misdiagnoses can lead to delayed treatment, unnecessary procedures, and added emotional distress for patients and their families.
Claims Arising Out of Misdiagnosed CancerThe prognosis and outcomes for people dealing with most serious illnesses depend, in part, on the timeliness and accuracy of their diagnosis. As such, when a doctor misdiagnoses an illness as cancer or fails to properly diagnose a patient with cancer, it can result in enduring harm and often forms the basis of a medical malpractice claim.
In New York, in most medical malpractice cases, the plaintiff will assert a negligence claim against the defendant. Establishing negligence typically requires the plaintiff to prove four elements. First, they must prove the existence of a duty owed by the defendant to the plaintiff. The duty a doctor owes a patient is to offer treatment consistent with the applicable standard of care, which is the accepted and good practice of medicine within the relevant community. Second, the plaintiff has to show the defendant breached this standard of care; a breach typically occurs when the treatment provided by the defendant departs from the established norms.
The third element is causation, which establishes a direct link between the breach of the standard of care and the harm experienced by the plaintiff, showing that the plaintiff's injuries were a consequence of the defendant's actions or omissions. The fourth element is actual harm, which refers to the tangible losses suffered by the plaintiff as a result of the defendant's negligence.
Given the complexity of medical standards and practices, plaintiffs in medical malpractice cases will usually have to engage medical experts to explain the standard of care and opine how the defendant's treatment fell short of the standard, resulting in the plaintiff’s injuries.
A plaintiff that successfully proves their claims against the defendant may be awarded compensation for their medical expenses, lost wages, pain, and suffering, and other losses attributable to the misdiagnosis.
Meet With a Trusted Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkWhen doctors fail to deliver proper diagnoses, the consequences can be devastating. If you sustained losses due to misdiagnosed cancer, you have the legal right to pursue compensation for your damages, and it is smart to meet with an attorney to evaluate your claims. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your harm and help you gather the evidence needed to provide you with a strong chance of a favorable outcome. Our main office is located in Syracuse, and we often assist parties in the pursuit of medical malpractice claims in Syracuse, Rochester, and other cities in Upstate New York. You can contact us to arrange a free and confidential meeting by using our online form or by calling us at 833-200-2000.