Nobody should ever have to learn that an illness has worsened or became terminal because of a delayed diagnosis. Yet, much too often healthcare providers make diagnostic mistakes and patients suffer the consequences with a delayed cancer diagnosis. When cancer is not diagnosed in a timely manner, it can spread and can become more difficult to treat or even inoperable. If you or someone you love recently received a delayed cancer diagnosis, it is critical to seek advice from a delayed cancer diagnosis attorney in upstate New York. In the meantime, we know you have many questions about facing a delayed cancer diagnosis and what to do. Our Rochester delayed diagnosis attorneys have advice to help you.
Understand How Delayed Cancer Diagnoses Occur
First, you should understand how delayed cancer diagnoses occur so that you are prepared when you speak with a lawyer about your case. There are many different types of scenarios in which a diagnostic error can lead to a delayed cancer diagnosis, such as:
- Diagnostic error during a patient’s routine visit;
- Failure to accurately diagnose cancer after a patient identifies symptoms;
- Misdiagnosis in an emergency department;
- Radiology error in assessing scans or imaging;
- Pathology error in assessing samples;
- Laboratory error in providing accurate test results;
- Failure to identify recommended cancer screenings based on a patient’s age and risk factors, such as colonoscopies, mammograms, or pap smears; or
- Error in logging patient’s test results
In some cases, delayed diagnoses also occur when a healthcare provider is delayed in recommending a specialist or providing a patient with a necessary healthcare recommendation.
Learn How Your Healthcare Provider May Be At Fault
After you gain a better understanding of the types of circumstances in which delayed diagnoses occur, it is important to understand what kinds of healthcare providers can be at fault. Depending upon the particular circumstances of your case, the following are examples of parties may be liable for a delayed cancer diagnosis:
- General practitioner or family physician;
- Laboratory where test results were processed;
- Laboratory technician who processed test results;
- Hospital where a misdiagnosis occurred; or
- Designer or manufacturer of defective medical device or test used to accurately diagnose cancer.
Many kinds of specialist healthcare providers may be liable if they fail to accurately diagnose a particular kind of cancer, which leads to a delayed diagnosis. You should have a Rochester delayed cancer diagnosis attorney evaluate the specific facts of your case as soon as possible.
Work with Your Delayed Cancer Diagnosis Lawyer to Prove the Elements of a Delayed Cancer Diagnosis Case
Next, you will need to work with your delayed cancer diagnosis lawyer in Albany to ensure that you can prove the elements of a medical malpractice claim. To be clear, a delayed cancer diagnosis lawsuit will be a medical malpractice claim against the liable healthcare provider. To win your case, you will need to prove:
- Healthcare provider owed you a duty of care as a result of the doctor-patient relationship;
- Healthcare provider breached the duty of care by negligently misdiagnosing your cancer or otherwise making an error that led to your delayed diagnosis;
- Healthcare provider’s breach of the duty of care caused your injuries; and
- You sustained damages as a result of the delayed diagnosis.
Make Sure to File Your Lawsuit Before the Statute of Limitations Runs Out
You will also need to make sure to file your claim before the statute of limitations runs out. Under New York law, most medical malpractice claims must be filed within 2 years and 6 months from the date of the harm, but delayed diagnosis claims can involve an extended statute of limitations.
The statute says that, “where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor,” then the case must be filed within 2 years and 6 months from the date that you knew or reasonably should have known about the negligence, or within 2 years and 6 months from the date of your last ongoing treatment.
Contact an Experienced Delayed Cancer Diagnosis Lawyer in Upstate New York
If a healthcare provider failed to diagnose your cancer, leading to a delayed cancer diagnosis, you deserve to seek financial compensation for your losses and to hold the negligent doctor or other healthcare provider accountable. Delayed cancer diagnoses are devastating, often making effective treatment more difficult, more invasive, or impossible. To be sure, when a patient’s cancer is not diagnosed in a timely manner, it may be impossible to be treated properly and to survive the illness.
Our dedicated and experienced Upstate New York delayed cancer diagnosis attorneys know how traumatic these situations can be, and we want to help you to seek the compensation you deserve. Do not hesitate to get in touch with our firm to learn more about filing a claim. Contact Powers & Santola, LLP to learn more about how we can assist you.