Failure to Diagnose Oral Cancer

Oral cancers, though relatively uncommon, present significant risks when they are not promptly identified. While manageable in its early stages, oral cancer can progress to advanced stages if left undetected, reducing the likelihood of good outcomes. Unfortunately, it is not uncommon for healthcare providers to overlook oral cancer symptoms in their patients, which usually results in delayed or missed diagnoses. In most cases, the failure to diagnose oral cancer is the result of carelessness, and people harmed by such oversights have the right to pursue compensation via medical malpractice claims. If you suffered harm due to a doctor’s failure to diagnose oral cancer, it is crucial to speak to an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse medical malpractice attorneys can inform you of your rights and craft compelling arguments in favor of your recovery of damages. We regularly aid injured parties in the pursuit of medical malpractice claims in Syracuse, as well as in Rochester and cities throughout Upstate New York.

Malignancies affecting not only the tongue and mouth but also the tonsils and lips are considered oral cancers. Certain factors increase the risk of oral cancers, including sun exposure, tobacco use, human papillomavirus, and age. Skilled healthcare professionals should be able to identify potential signs during routine examinations. These signs may include persistent sores or ulcers, red or white patches on the oral tissues, lumps or thickening of the tissues, difficulty swallowing or chewing, and persistent ear pain. While such symptoms can have various causes, including benign conditions, it is essential to promptly investigate and rule out oral cancer to ensure timely intervention and treatment. In many instances, this requires further examination and biopsies.

Under New York law, all healthcare providers have an obligation to provide their patients with competent care, which includes providing accurate and timely diagnoses and appropriate treatment. The failure to diagnose oral cancer arguably constitutes a failure to uphold this responsibility and, in many cases, is grounds for pursuing a medical malpractice claim.

As the failure to diagnose oral cancer is usually the result of carelessness rather than an intentional act, in most cases arising out of such oversights, the plaintiff will set forth a negligence claim against the defendant. Under New York law, to establish negligence in the setting of medical treatment, a plaintiff must demonstrate that the defendant owed them a duty to provide treatment consistent with the applicable standard of care, which is what is considered the good and accepted practice of medicine in the relevant community.

Next, the plaintiff must prove that the defendant breached this duty by failing to recognize or properly evaluate signs suggestive of oral cancer, leading to a delayed or missed diagnosis. Finally, the plaintiff has to establish a causal connection between the defendant's breach of duty and the harm suffered. In most instances, the plaintiff will need to hire a medical expert to testify regarding what is required under the applicable standard of care, and to offer an opinion on the ways in which the defendant deviated from the standard, causing the plaintiff’s harm.

A plaintiff that successfully proves the defendant’s liability may recover damages for their economic losses, which may include the cost of their medical care, lost wages, and out-of-pocket expenses. They may also be awarded compensation for their intangible losses, including suffering, pain, mental distress, and emotional harm.

Healthcare providers are expected to promptly identify and evaluate signs of oral malignancies, and if they neglect to do so, it can cause their patients to suffer grave harm. If you sustained losses due to a healthcare provider's failure to diagnose oral cancer, you may be entitled to compensation, and you should consult an attorney as soon as possible. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are proficient at demonstrating negligent healthcare providers should be held responsible for the harm they cause, and if you hire us, we will fight tirelessly on your behalf. Our main office is located in Syracuse, and we often represent parties in medical malpractice claims in Syracuse, Rochester, and other cities in Upstate New York. You can reach us to arrange a free and confidential conference by using our online form or by calling us at 833-200-2000.