Often the prognosis of cancer is different when it’s caught early. Unfortunately, doctors, from family care practitioners to specialized oncologists, do make errors sometimes. If you suffered damages because of a delayed diagnosis of cancer, you should call the seasoned Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano. We are seasoned litigators who have secured settlements and tried cases to verdicts over $1 million. Our attorneys understand the ins-and-outs of medical malpractice cases. As a result, we have a strong reputation. We make strategic judgment calls each day about what evidence is persuasive and admissible, and whether experts will be able to credibly and eloquently persuade a jury of your case.
Settlements and Awards for Delayed Diagnosis of CancerOur lawyers may be able to recover compensatory damages for delayed diagnosis of cancer. These are damages intended to make up for economic and noneconomic losses including wage loss, pain and suffering, medical bills, and emotional distress. Generally, economic losses are tangible losses, and can be proven by documentation such as receipts, bills, and expert reports. To obtain a settlement or award, it may be appropriate to seek out not only medical experts but also economic experts who can present evidence to support your tangible losses.
Securing noneconomic damages in litigation can be more complicated, and it’s where the lawyer you retain can play a large role in whether you secure compensation for the intangible losses you suffered as the result of a delayed diagnosis of cancer. Noneconomic damages may include pain and suffering, emotional distress, mental anguish, loss of consortium, and loss of enjoyment.
A delayed diagnosis can result in death of a patient. Often cancer patients have a better prognosis when their cancer is caught earlier. If our lawyers are able to establish wrongful death, we may be able to bring a wrongful death lawsuit to recover damages on behalf of loved ones harmed by the delayed diagnosis.
What Must Be Proven to Secure a Settlement or AwardDoctors may incorrectly diagnose or not diagnose injuries, but these failures are not necessarily medical malpractice. Rather, to prove medical malpractice, our lawyers will need to establish the following elements with evidence: (1) your doctor owed you a duty to abide by the professional standard of care, (2) your doctor departed from this duty, (3) the departure caused your injuries, and (4) actual damages. The professional standard of care applicable to your situation can vary depending on your doctor’s specialty and the geographic region. In other words, an oncologist’s professional standard of care in Syracuse may be different than a family health care practitioner’s professional standard of care in Albany.
Negotiating Damages or Winning a Settlement at TrialNegotiating personal injury settlements involves bargaining with the other side. Each side may have its own valuation of the case, and neither side can be entirely sure what the other side is truly willing to pay in damages or accept as a settlement. In some cases, particularly those involving a small amount of damages, it is possible to make phone calls to negotiate a settlement, with each party responding to the other side’s arguments directly. For example, if there was minimal economic harm from a delayed cancer diagnosis, our Syracuse medical malpractice attorneys may be able to negotiate directly with an insurance carrier for that sum.
However, where the stakes are more significant, as they often are for delayed diagnosis of cancer, it may be appropriate to use a form of alternative dispute resolution, such as nonbinding arbitration or mediation to resolve your case.
Mediation involves all parties coming before a third party neutral, a mediator, who can help each side see weaknesses in his or her case. Often the mediator is a former judge who understands the law and how cases play out before juries. Among other things, the mediator will become familiar with motion work and evidence that was gathered through a process called discovery, in which each side has a chance to ask the other side for their account of events and the evidence to support that account.
Going to TrialWhen a settlement cannot be reached, it may be appropriate to go to trial for delayed diagnosis of cancer. Trial work can be challenging, as each side tries to poke holes in the other’s case, which is why it is crucial to retain experienced lawyers to settle or try your case. Often, a trial lawyer’s reputation precedes him with insurers, and so it’s important to retain one with a strong reputation.
Consult Experienced Medical Malpractice LawyersIf you were injured or a loved one was injured, call our seasoned Syracuse attorneys. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for injured car crash victims in Canandaigua, Lowville, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Herkimer, Oswego, Lyons, Ithaca, Cooperstown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.