Improper Cancer Treatment

Cancer is a devastating illness, and many people diagnosed with cancer worry about their chances of recovery and long-term prognosis. Thankfully, many cancer patients respond positively to treatment and go on to enjoy long and healthy lives. When doctors treating patients with cancer fail to provide timely and appropriate care, however, cancer can metastasize, making it more challenging to treat and, in many instances, causing permanent and often fatal harm. If you or someone you love suffered losses due to improper cancer treatment, you have the right to seek justice, and you should talk to an attorney as soon as possible to determine your options. At DeFrancisco & Falgiatano, Personal Injury Lawyers, our assertive Syracuse medical malpractice attorneys understand the devastation improper cancer treatment can cause, and if you engage our services, we will fight to help you seek the outcome you deserve. We regularly represent parties in medical malpractice lawsuits in Syracuse, as well as in Rochester and cities throughout Upstate New York.

Proper cancer treatment requires a comprehensive approach tailored to each patient's specific needs and circumstances. Delays or errors in diagnosis and treatment can allow cancer to progress unchecked, allowing the disease to spread and reducing the effectiveness of treatment. For instance, in cases of localized cancer, timely surgical intervention may be crucial to remove the tumor and prevent further growth or metastasis. However, if a surgeon fails to perform the necessary procedures or follow-up tests, the cancer may recur or spread to other parts of the body, leading to more invasive treatments and diminished chances of recovery.

Similarly, chemotherapy and radiation therapy are common treatments for advanced cancers, but their effectiveness depends on accurate dosing and administration. Errors in medication dosage, scheduling, or technique can result in inadequate treatment or unnecessary side effects, compromising the patient's overall well-being and quality of life. Additionally, negligent conduct during cancer treatment procedures, such as chemotherapy infusion or radiation therapy delivery, can cause injuries, including burns, tissue damage, or organ toxicity, further exacerbating the patient's condition and prolonging recovery.

People harmed by improper cancer treatment often suffer significant physical, emotional, and financial harm. As such, they will often seek to pursue medical malpractice claims against the providers responsible for their damages to help offset their losses.

Medical malpractice claims arising out of improper cancer treatment are usually based on the legal theory of negligence. In New York, to successfully prove negligence in the context of medical care, a plaintiff must first demonstrate that the defendant owed them a duty. Generally, the duty a doctor owes a patient is to treat them in accordance with the standard of care, which is what is considered the good and accepted practice of medicine in the community in which the defendant works. The plaintiff then must prove that the defendant’s acts or omissions constitute a breach of the standard of care. Finally, the plaintiff has to show that the defendant’s departure from the standard of care directly caused them to suffer measurable losses. While the defendant’s behavior does not have to be the sole cause of the plaintiff’s harm, it must be a significant factor in bringing it about.

Proving medical negligence typically requires expert testimony to establish the applicable standard of care, demonstrate deviations from that standard, and establish a causal link between the provider's actions or omissions and the patient's harm.

Plaintiffs who prove they suffered harm due to medical malpractice may be entitled to compensation for various economic and non-economic damages. Economic damages include quantifiable financial losses incurred as a direct result of the malpractice, such as medical bills, lost wages, and out-of-pocket costs. Non-economic damages compensate for intangible losses, including physical and emotional pain, mental anguish, and loss of enjoyment of life.

If you or a loved one were injured by improper cancer treatment, it is in your best interest to speak to an attorney to determine what measures you can take to protect your interests. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and help you understand your rights and pursue the compensation you deserve. Our primary office is located in Syracuse, and we frequently represent parties in medical malpractice lawsuits in Syracuse, Rochester, and other cities in Upstate New York. You can reach us to arrange a free and confidential consultation by using our online form or by calling us at 833-200-2000.