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Cancer Misdiagnosis: The Legal Challenge

Jan 26, 2016 | Failure to Diagnose

With over 12% cancer cases being misdiagnosed in the US, the deadly disease becomes even more difficult to treat after delayed diagnosis! In many cases, delayed diagnosis or misdiagnosis of cancer malpractice, the defendant doctors can try to establish that an early diagnosis and treatment would not have made any difference to the patient’s condition, thereby countering a medical malpractice claim.

Treatment situations defined as cancer misdiagnosis

For your understanding, here is a run-down of typical situations which may be deemed as cancer misdiagnosis related medical malpractice in the state of New York:

  • A doctor’s failure to perform a critical diagnostic test
  • Misinterpretation of cancer test results
  • Doctor’s inability to diagnose a tumor in the patient’s body
  • Test procedures performed incorrectly
  • Malfunction in diagnostic tools
  • Lost or erroneous test results
  • Misreading of x-ray plates
  • The primary physician’s failure to refer a patient to a specialist

Identifying negligence in cancer misdiagnosis

In spite of all the latest diagnostic procedures and tools being available in cancer treatments in New York, a cancer diagnosis gets unnecessarily delayed in many cases due to the doctor’s inability to read the early warning signs of cancer.

Moreover, when a colon, prostrate, cervical, or breast cancer diagnosis gets delayed, the disease can spread at an alarming rate in no time. In most cases, a medical malpractice lawsuit can be brought against the medical practitioner or medical staff who caused the delay in diagnosis.

The identifiable negligent parties may be:

  • The primary physician who delayed a diagnostic test
  • The primary physician who failed to refer a specialist
  • A radiologist who misinterpreted the x-rays
  • A surgeon who failed to notice suspicious tissues during a surgery
  • Malfunctioning tools in a diagnostic lab, in which case the lab owner is liable

The consequence of a delayed diagnosis of cancer by even a few months can cause the disease to spread through the patient’s body leading to death!

The legal implications of cancer misdiagnosis

Like most medical malpractice cases, cancer misdiagnosis related medical malpractice cases would require a highly experienced and skilled team of legal professionals in New York who know how to work closely with medical experts in different fields of specialization.

As cancer growth and the after-effects can be devastating and expensive, misdiagnosis of cancer can easily lead to invasive treatment procedures, costly chemotherapy or radiation treatments-reducing life expectancy, reducing earning capabilities, physical disfigurement, or in worst scenarios, sudden death. Thus, the malpractice claims for a cancer misdiagnosis case can be very high.

How to proceed with cancer misdiagnosis

Here are the logical steps you must take when you find out that yours or your loved one’s cancer was misdiagnosed or diagnosed rather late for treatment:

  • Contact the best medical malpractice attorney in New York to discuss your case such as RMFW Law.
  • Your attorney will request you to acquire evidences on the entire treatment history like doctor’s appointments, diagnostic test schedules, diagnostic reports, treatment reports, medical prescriptions, in person testimonies, payment receipts, and so on to help build a convincing case.
  • Provide the malpractice attorney with details of your insurance coverage.
  • If you are too ill for movement, you must assign a trusted party to gather all the necessary documents.

RMFW Law brings home the beacon

You need some legal help! When you or your love one has been seriously harmed by cancer misdiagnosis, get in touch with a stellar NY medical malpractice Law firm Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.

We have won millions of dollars for past clients. You can be on this game winning list or case winning list. We know what it takes to win a case of this type and caliber.