Trials in Failure to Diagnose Cancer Cases

In upstate New York, people trust that their medical providers will provide competent and effective care, which includes offering prompt and accurate diagnoses. Sadly, though, it is not uncommon for doctors to fail to diagnose critical illnesses, such as cancer, causing their patients to suffer irreparable harm. People hurt by such incompetence not only face worsened prognosis and loss of quality of life but also typically incur substantial financial costs. Consequently, they often seek redress through legal avenues, specifically medical malpractice lawsuits. While many medical malpractice cases settle before trial, certain disputes, particularly those involving contested facts or damages, must be resolved in the courtroom. As such, it is imperative for people pursuing damages in a failure to diagnose cancer cases to retain skilled trial attorneys capable of presenting compelling arguments. The dedicated Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers have extensive experience trying cases arising out of the failure to diagnose cancer, and if you hire us, we will help you seek any compensation available. We often represent parties in failure to diagnose cancer cases in Syracuse, Rochester, and other cities in Upstate New York.

In many medical malpractice cases, the parties strive for pre-trial settlements. The reality, however, is that in many cases, disputes over facts or damages persist, and the matter proceeds to trial, where a judge or jury ultimately decides the outcome. As such, understanding the trial process is essential for those seeking fair compensation for the failure to diagnose cancer.

The burden of proof falls on the plaintiff in a medical malpractice trial. Initially, the plaintiff must offer evidence to establish that the defendant healthcare provider was obligated to deliver treatment adhering to the accepted and good standard of medical care. This standard is defined as the level of care that a competent professional in the same medical community, possessing similar skills and training, would provide in similar circumstances. The plaintiff must then prove that the defendant deviated from this standard and that the departure directly caused them to suffer harm.

Given the complex nature of medical malpractice cases, particularly those involving failure to diagnose cancer, the plaintiff will often rely on expert testimony to explain the applicable standard of care and illustrate how the defendant's actions deviated from it. The defendant, in turn, may counter with its own expert testimony.

In addition to proving liability, a plaintiff in a failure to diagnose cancer case must substantiate their damages. Generally, this involves presenting evidence of both economic and non-economic harm resulting from the defendant's breach. Economic damages may include past and future medical costs, as well as lost wages, if the plaintiff was unable to work due to their losses. Often, engaging medical and economic experts becomes necessary to establish the permanence and severity of the injury and quantify the financial losses. Beyond economic damages, a plaintiff can present evidence of pain and suffering endured due to the defendant’s negligence.

The failure to diagnose cancer can cause treatment delays, reduced chance of recovery, and physical and emotional injuries, and physicians who neglect to provide their patients with timely cancer diagnoses should be held accountable. If you or a loved one suffered harm due to the failure to diagnose cancer, it is in your best interest to consult an attorney about your potential claims. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at assisting injured parties in the pursuit of damages, and if we represent you, we will fight to help you seek a just outcome. Our primary office is in Syracuse, and we routinely represent individuals in medical malpractice trials not only in Syracuse and Rochester but also in various cities throughout upstate New York. You can contact us through the online form or call us at 833-200-2000 to schedule a complimentary and confidential discussion of your case.