Albany Failure to Diagnose Prostate Cancer Lawyers

According to the National Cancer Institute, the most common types of cancer in the order of the estimated number of new cases for the year include:

• Nonmelanoma skin cancer
• Breast cancer
• Prostate cancer
• Lung cancer
• Colorectal cancer
• Melanoma
• Bladder cancer
• Kidney cancer
• Non-Hodgkin lymphoma
• Endometrial cancer
• Pancreatic cancer
• Leukemia
• Thyroid cancer
• Liver cancer

The National Cancer Institute estimates that 299,010 people will be newly diagnosed with prostate cancer and that 35,250 will die from the disease in 2024.

Risk Factors for Prostate Cancer

One of the most significant risk factors for prostate cancer is a family history of prostate cancer, especially in fathers, brothers, or sons. Doctors should perform a physical exam and inquire about their medical history. Other risk factors include:

• Certain occupations, including work as welders, those exposed to cadmium, rubber plant workers, and battery manufacturers
• A diet heavy with red meat
• Older age
• Inherited gene changes
• Obesity
• Smoking

How Prostate Cancer Is Diagnosed

An accurate prostate cancer diagnosis is possible when a doctor orders the proper tests. When a patient exhibits cancer symptoms, doctors can order various tests, including a biomarker test that checks the patient’s blood, tissues, or urine. 

Two primary screening tools are used to detect prostate cancer. The first is a digital rectal exam in which a physician manually checks for abnormalities such as hard or lumpy areas with a finger. 

Another screening tool takes a blood sample to detect prostate-specific antigen (PSA). Elevated PSA levels indicate the presence of cancer. 

If tests come back with abnormal results, healthcare providers may conduct other tests, such as a trans-rectal ultrasound scan, PCA 3, or a biopsy to remove prostate cells so a pathologist can microscopically examine them. CT scans, MRI scans, and bone scans can help identify the presence of cancer, its stage, and its metastasis. 

Common Causes of Failure to Diagnose Prostate Cancer

When patients receive an incorrect diagnosis or no diagnosis at all, the cancer can spread to other parts of their body and become difficult to treat. Common reasons why patients do not receive a correct diagnosis of prostate cancer include:

• Failing to identify symptoms of cancer or order proper tests
• Communication breakdowns between doctors and specialists
• Failure to accurately read or interpret test results 
• Mistaking symptoms of prostate cancer with other medical conditions, leading to a misdiagnosis 

If you have been harmed by a diagnostic error, contact a cancer misdiagnosis attorney from Powers & Santola, LLP. We will work to hold all negligent healthcare providers accountable for their actions.

Treatment for Prostate Cancer

A cancer patient’s medical treatment largely depends on when the medical provider catches it. Early detection can result in treatment options such as:

• Conducting regular cancer surveillance of PSA blood levels
• Performing a radical prostatectomy to remove the prostate
• Implanting radioactive seeds with brachytherapy
• Performing conformal radiation therapy
• Surgically removing the cancerous tumor
• Performing intensity-modulated radiation therapy 
• Conducting outpatient treatment with a high-intensity focused ultrasound 

If the cancer is advanced, more aggressive treatment becomes necessary, such as androgen deprivation therapy or chemotherapy. Medical providers sometimes recommend hormonal therapy in older men with advanced disease who are too physically debilitated to handle other forms of treatment. 

If your prostate cancer was undiagnosed or untreated due to your doctor’s failure to abide by the professional standard of care, our legal team can help secure an expert opinion to this effect.

Surviving Prostate Cancer

If prostate cancer is found before it metastasizes, the survival rates are high. This is similar to other forms of cancer, including colon cancer.

However,  cancer patients who do not receive a timely diagnosis are at risk of progression. 5-year outcomes dramatically differ based on how far the cancer has spread. For example, the prostate cancer-specific survival rate is over 99% if it is localized to the prostate, according to the American Cancer Society. The vast majority of prostate cancer cases are detected at this stage. 

The prostate cancer mortality rate is much higher when the cancer spreads to other areas of the body. The 5-year survival rate is only 34%; roughly one-third of people diagnosed with the condition at this stage. 

Even when patients with prostate cancer do not die from this disease, they may face other serious consequences. The intensity of treatment is elevated. Removing the prostate can also cause infertility. 

If your doctor failed to order appropriate tests or made other errors that caused you not to receive a timely diagnosis of prostate cancer, this can have a significant impact on your ability to survive and thrive in your life. You deserve justice and accountability for the devastating impact on your life. It may be possible to achieve this through filing a medical malpractice claim.

Who Is Responsible for the Failure to Diagnose Prostate Cancer?

Many different medical providers could potentially be responsible for failing to diagnose prostate cancer. For example, your primary care physician may ignore or confuse symptoms with another condition. They may fail to order follow-up tests. They could also fail to screen you when you have a high risk of getting prostate cancer.

A urologist may misread blood tests. A specialist may not properly conduct a biopsy. A pathologist may not analyze a biopsy correctly. The lab may be responsible for mishandling or misplacing biopsy samples. Your doctor may fail to follow up with test results or misread them.

An experienced medical malpractice attorney can investigate where the problem arose and who is responsible for the failure to diagnose. 

What Do I Have to Do to Prove My Medical Malpractice Lawsuit?

To establish your medical malpractice claim and recover compensation for the failure to diagnose, cancer survivors or their families must be able to prove the following legal elements:

• The cancer patient had a doctor/patient relationship with the treating provider.
• The medical provider deviated from the accepted standard of care.
• The doctor’s deviation from the standard of care caused the patient not to have their cancer diagnosed.
• As a result of the above, the patient suffered harm or death from prostate cancer.

An experienced medical malpractice attorney can review your situation and explain whether you have a viable claim for compensation. 

What Compensation Can I Recover in a Failure to Diagnose Claim?

If a negligent healthcare provider delayed the correct diagnosis of prostate cancer and your receipt of necessary medical treatment, you can pursue compensation for the consequences, such as: 

• Medical bills for diagnostic testing, hospital stays, surgeries, outpatient procedures, medication, and more aggressive forms of treatment that are necessitated due to the missed or delayed diagnosis
• Future anticipated medical expenses
• Lost wages 
• Reduced earning capacity if you suffer permanent disabilities that prevent you from returning to the workforce
• Pain and suffering
• Mental and emotional anguish and distress
• Lost quality of life 

If the failed diagnosis led to your loved one’s death, an experienced lawyer from Powers & Santola can help you through the process of filing a wrongful death claim. This type of legal claim seeks accountability for the premature death of your loved one. While no amount of money can ever bring your loved one back, it can help ease some of the financial burden caused by burial and funeral expenses, lost financial support, and loss of inheritance.

What Should I Do If I Suspect a Failure to Diagnose Prostate Cancer?

If you suspect that your prostate cancer diagnosis was delayed or missed due to a medical provider’s negligence, follow these steps to protect your legal rights:

• Seek medical treatment from a new provider.
• Request a copy of your medical records from your previous providers.
• Keep all of your medical records.
• Compile information about your damages.
• Speak to an experienced medical malpractice lawyer. 

What Is the Statute of Limitations for Medical Malpractice Lawsuits in New York?

Each state has its own time limits for taking certain types of legal action. These are known as the statutes of limitations. New York’s statute of limitations is two and a half years. Based on an exception to the statute of limitations known as Lavern’s Law, plaintiffs have 30 months from discovering the diagnostic error to file a lawsuit, rather than from when they received the negligent care, as in other medical malpractice claims. 

An experienced lawyer can review your case and explain the deadline that applies based on your particular situation.

Speak with Our Failure to Diagnose Cancer Attorneys During a Free Case Review

If you live in Upstate New York and a medical provider harmed you by failing to diagnose you with prostate cancer, the legal team at Powers & Santola, LLP wants to help. We can investigate your case, gather evidence, and negotiate for compensation that acknowledges the harm you’ve suffered.  Fill out our online contact form for a free, no-obligation consultation with an experienced medical malpractice lawyer.

Related:

Failure to Diagnose Breast Cancer 

Failure to Diagnose Cervical Cancer 

Failure to Diagnose Uterine Cancer 

Failure to Diagnose Skin Cancer