Albany Cancer Wrongful Death Lawyer

Powers & Santola, LLP is a nationally recognized medical malpractice and personal injury law firm established nearly 40 years ago in Upstate New York. Our ability to deliver life-changing results has earned us an incredible reputation. Insurance companies know that when we take a case, it has merit, and they had better be prepared to offer a fair settlement.

Based on peer reviews, professional achievements, and other factors, our law firm has been recognized as one of America’s best medical malpractice and personal injury firms. Additionally, individual attorneys from our firm have received the coveted recognition of Medical Malpractice Lawyer of the Year and Personal Injury Lawyer of the Year.

Our lawyers have the unique knowledge, experience, and resources necessary to handle the most complex medical malpractice cases. When you hire our law firm, you get an entire team dedicated to reaching the best resolution for your case. Call us today to take advantage of a free consultation.

How a Wrongful Death Lawyer Can Help

When you hire the experienced legal team at Powers & Santola, LLP, we can help by:

• Discussing your situation in a confidential setting and explaining your legal options
• Carefully investigating your case and identifying all responsible parties
• Requesting medical records, autopsy reports, and other evidence to establish the cause of death
• Hiring medical experts to determine whether your loved one’s healthcare provider failed to meet the applicable standard of care
• Pursuing the full extent of damages available in your case
• Filing your legal claims and handling communication with insurance companies on your behalf
• Providing compassionate legal support at every phase of your case

Contact our dedicated legal team today for a free case evaluation.

What Is a Wrongful Death Under New York Law?

New York defines a wrongful death as a death that occurs due to a “wrongful act, neglect or default” that caused the decedent’s death under circumstances that would have allowed the victim to file a personal injury lawsuit had they lived. To win a wrongful death claim, you must be able to prove the following:

• The defendant owed your loved one a duty of care. 
• The defendant breached the duty of care. 
• The defendant’s breach caused the decedent’s death.
• The decedent has one or more heirs who suffered losses as a result of the death. 

You must also be able to prove that you have legal standing to receive the award from the wrongful death claim and that the defendant has insurance or other assets that the estate is eligible to recover. 

When Is Medical Malpractice Considered a Wrongful Death?

The American Cancer Society estimates that over two million people will receive a cancer diagnosis, and more than 618,000 will die from cancer in 2025. While not all of these deaths are a result of medical malpractice, cancer is more likely to be fatal when it is not diagnosed early and is allowed to spread and reach advanced stages. 

According to a monumental study by Johns Hopkins, medical malpractice is the third-leading cause of death in the United States. Medical malpractice occurs when a healthcare provider causes harm to a patient by deviating from the medical standard of care. Medical malpractice can take many forms, including the following:

• Surgical errors
• Medication errors
• Failure to treat
• Anesthesia errors
• Failure to monitor 
• Emergency room errors 
• Lack of informed consent

Cancer wrongful death cases are often a result of diagnostic errors, which can include:

Incorrect Diagnosis 

An incorrect diagnosis occurs when a doctor fails to correctly diagnose a patient. For example, the healthcare provider may fail to recognize cancer symptoms and provide an incorrect diagnosis. They may even diagnose the patient with another condition and provide unnecessary medical treatment.

Missed Diagnosis 

A missed or failed diagnosis occurs when a healthcare provider fails to diagnose a patient with any condition. The patient is told they are fine and sent home. When cancer patients don’t receive the medical treatment they need, the cancer can spread and ultimately become fatal.

Delayed Diagnosis 

A delayed diagnosis occurs when a healthcare professional eventually diagnoses a patient with a medical condition but does so weeks, months, or years later than they should have. Because cancer is such an aggressive disease, every day of delay can have catastrophic consequences for the patient. Sadly, in many cancer cases, the disease is not caught until it is too late to treat it. Lacking timely diagnosis and proper treatment, cancer patients can rapidly lose their chances of survival.

Why Medical Malpractice Often Occurs

With the incredible advancements in medical technology, you might think that medical malpractice is an isolated event. Unfortunately, this is not the case. Many healthcare providers are found responsible for medical malpractice every year after they:

• Fail to conduct a thorough physical examination
• Fail to notice the symptoms of cancer
• Disregard patient concerns
• Fail to obtain a thorough medical and family history
• Fail to order proper screening tests
• Fail to accurately read or interpret test results from CT scans, tissue samples, X-rays, or biopsies
• Do not communicate with other medical providers or specialists
• Fail to refer a patient to a specialist 
• Fail to make an accurate diagnosis in a timely manner
• Misdiagnose a patient with another disease that has similar symptoms

There are many types of cancer, and not all doctors have experience with them. They may not notice symptoms or be familiar with the symptoms of rare forms of cancer. This lack of knowledge can sometimes result in a misdiagnosis of cancer. 

Additionally, many cancers in earlier stages rely upon an accurate diagnosis from pathologists who must extract potentially cancerous cells and analyze them. If these medical providers make mistakes during this process, diagnostic errors can result. 

The Deadly Consequences of a Cancer Misdiagnosis 

When a doctor fails to diagnose cancer accurately, the consequences are often deadly. Some forms of cancer have a survival rate of nearly 100% when caught early. However, survival rates can drop to dismal numbers the more the cancer spreads. 

Patients who do not really have cancer but are wrongfully diagnosed with this condition can be subjected to unnecessary and aggressive chemotherapy and radiation. This can sometimes result in wrongful death.

Who Can File a Wrongful Death Claim in New York?

New York law limits the right to file a wrongful death claim to the estate representative. If the decedent had a will, this is usually the person named in the will. If there is no will, the Surrogate Court can appoint an estate representative. This person is usually the surviving spouse, adult child, or parent. 

The estate representative is responsible for advancing the estate’s legal claims and acting on its behalf. The representative is also responsible for processing estate matters and ultimately distributing the estate’s assets. 

While the estate representative is tasked with handling the estate’s legal and financial matters, any proceeds from a wrongful death claim go to the next of kin. This is the relative, or set of relatives, most closely related to the decedent. There is a hierarchy of which relatives receive these proceeds, which includes:

• To the surviving spouse and children 
• To the children, if there is no surviving spouse
• To the surviving spouse and parents, if there are no children
• To other family members, if there is no surviving spouse, child, or parent

Damages You Can Seek in a NY Wrongful Death Case

When your loved one dies due to someone else’s negligence, including that of a medical provider, the estate representative can file a wrongful death claim. New York limits damages in wrongful death cases to pecuniary losses, which are financial losses that family members suffer as a result of the death, such as:

• Lost financial support, especially if the deceased was the sole or primary breadwinner for the household
• Loss of financial benefits 
• Loss of household services, such as childcare and housekeeping
• Loss of inheritance
• Final medical expenses, including additional costs incurred for surgery, nursing home care, and in-home care due to the delayed diagnosis 
• Funeral expenses and burial costs

While some of these financial losses are relatively straightforward to calculate, others, such as loss of inheritance or financial support, may require the assistance of economic experts who consider the decedent’s earning potential given their profession, age, health, education, and job skills. 

If minor children stand to receive wrongful death proceeds, the court can award compensation for the loss of parental guidance, care, and moral and intellectual training that the decedent would have provided had they survived. 

Losing a loved one due to medical malpractice or other wrongful conduct can be devastating for families, especially as they watch their loved one endure painful treatments that could have possibly been avoided had the doctor not acted negligently. While this experience can cause a lot of emotional distress and grief, New York’s wrongful death law specifically prohibits the award of non-monetary awards for grief, loss of companionship, loss of society, loss of affection, or other non-economic damages. 

An experienced attorney from our personal injury law firm can carefully review your case, identify all possible damages that your family can recover, and relentlessly demand the compensation and justice you deserve.

What Is the Statute of Limitations for Wrongful Death Lawsuits in New York?

The statute of limitations is the amount of time that you have to file a lawsuit after a cause of action arises. In New York, wrongful death lawsuits must usually be filed within two years of the date of death. However, if your legal claim is against a municipality or New York State, or one of its hospitals or its employees, your claim must be filed within 90 days of when the personal representative is appointed. You must understand the time limit you have in your case so that you do not miss a critical time that could cause you to forfeit your right to seek justice and compensation through the court system.

Contact Powers & Santola for a Free and Confidential Case Review

If you suspect that the diagnosis of your loved one’s cancer was missed or delayed due to a healthcare professional’s medical malpractice, you have the right to pursue legal action. The experienced legal team at Powers & Santola, LLP can provide dedicated legal representation and stand up to protect your rights and your loved one’s legacy. Contact us today at our Albany, NY office to discuss your case during a free and confidential legal consultation.