Albany Thyroid Cancer Failure to Diagnose Lawyer

The cancer misdiagnosis attorneys at Powers & Santola, LLP are experienced trial lawyers. We know how to build compelling medical malpractice cases and secure maximum compensation. We have successfully won hundreds of millions of dollars in compensation for our clients. 

Additionally, our legal team has been recognized as some of the best medical malpractice attorneys and personal injury lawyers in the state and country by various legal organizations, including U.S. News & World Report. When you hire our law firm, we help with all aspects of your medical malpractice claim, including:

• Providing tailored legal advice based on your particular situation
• Obtaining medical records, interviewing witnesses, and working with expert witnesses to determine how the medical mistake occurred
• Discussing your legal rights and options for pursuing justice and accountability
• Accounting for the full extent of your injuries
• Handling communications with insurance providers and others on your behalf 
• Negotiating for maximum compensation
• Advising you whether you should accept a settlement offer or take your case to court

Every step of the way, you will have a dedicated legal advocate ready to help you in every way possible. Contact us today for a free consultation.

What Is Thyroid Cancer?

The thyroid is a butterfly-shaped organ in the neck, just below the Adam’s Apple. It is responsible for producing hormones that regulate heart rate, blood pressure, body temperature, and weight. Thyroid cancer forms as a growth of cells in the thyroid.

Symptoms of Thyroid Cancer

Thyroid cancer may not cause any noticeable signs at first. However, discerning doctors may be able to detect subtle signs of the disease. As the disease progresses, some of the symptoms that may appear include the following:

• Swelling in the neck
• Swollen lymph nodes
• A lump in the neck
• Hoarseness or voice changes
• Difficulty swallowing or breathing
• Pain in the front of the neck
• A constant cough

Diagnosing Thyroid Cancer

Unlike other types of cancer, there is no routine screening test for thyroid cancer. As noted above, the signs of thyroid cancer are often subtle, especially in the earlier stages. Healthcare providers should conduct various types of tests to determine if the patient has a serious condition such as thyroid cancer or another medical condition. Diagnostic tests may include:

• A physical examination to assess changes in the thyroid
• Blood tests to check thyroid function
• An ultrasound to get an image of the area
• Biopsy to test tissue 

Doctors should also consider risk factors, including family history of thyroid cancer or other types of cancer.

Why Is Thyroid Cancer Not Diagnosed Correctly or Promptly?

One of the most common reasons why a failure to diagnose thyroid cancer occurs is because medical providers confuse the symptoms with other conditions, such as:

• Goiter: This is an enlarged thyroid gland that can cause a visible lump in the neck.
• Thyroid nodules: These are typically benign lumps in the thyroid gland.
• Laryngitis: This medical condition is characterized by inflammation of the larynx, which can cause hoarseness and changes in voice.
• Lymphadenopathy: Colds, flus, and mononucleosis can cause infections that cause swollen lymph nodes.
• Thyroiditis: This is an inflammation of the thyroid gland that can cause symptoms similar to those of thyroid cancer, including swelling, tenderness, and neck pain.

Besides diagnosing a patient with the wrong medical condition, other reasons for delayed diagnoses of thyroid cancer include:

• Failing to recognize or dismissing symptoms
• Failing to order necessary tests
• Misinterpreting test results
• Having a lack of communication between healthcare providers and specialists 

If your medical provider made a mistake that led to your delayed diagnosis, an experienced medical malpractice attorney from Powers & Santola, LLP can be retained to work to hold the negligent provider responsible for their actions. 

Thyroid Cancer: Treatment Options

The potential treatment options available to you will depend on the stage of cancer you are in, the exact type, and other factors. Possible treatment options may include the following:

• Surgery
• Targeted drug therapy
• Thyroid hormone therapy
• Radioiodine therapy
• External beam radiation therapy
• Chemotherapy

If the cancer is advanced, more aggressive treatment options will likely be necessary to have the best chance of survival. 

Surviving Thyroid Cancer

When thyroid cancer is not diagnosed in a timely manner, it can spread to other organs and regions of the body, which can affect your survival rate and quality of life. Additionally, surviving thyroid cancer also depends on the type of cancer you have, which may include:

• Papillary thyroid cancer: This is the most common type of thyroid cancer, accounting for nearly 80% of all thyroid cases. The ten-year survival rate for this form of thyroid cancer is over 90%. 

• Follicular thyroid cancer: This is the second most common type of thyroid cancer and tends to grow slowly. The ten-year survival rate for this form of thyroid cancer is also over 90%. 

• Medullary thyroid cancer: This form of thyroid cancer only accounts for about 4% of all thyroid cancers. Because it grows and spreads more quickly, the ten-year survival rate is 80% when the disease is caught early.
• Anaplastic thyroid cancer: This is the most aggressive form of thyroid cancer. Its symptoms may begin to present within weeks or months. The median survival rate is only six months after diagnosis.

Even when patients survive thyroid cancer, a delayed diagnosis can still cause various medical problems. The endocrine system serves an important function, and a lack of treatment can cause unbalanced hormones, leading to diabetes, growth disorders, thyroid disease, thyroid disorders, and sexual dysfunction.

Who Is Responsible for Failing to Diagnose Thyroid Cancer?

A diagnostic error that results in a failure to diagnose, delayed diagnosis, or misdiagnosis can arise from various healthcare professionals, including:

• Primary care physicians
• Endocrinologists
• Oncologists
• Radiologists
• Pathologists

An experienced medical malpractice attorney can investigate your situation and determine who is legally responsible for the failure to diagnose thyroid cancer.

What Do I Have to Prove to Win My Failure to Diagnose Cancer Case?

To win a medical malpractice case based on a failure to diagnose, you must generally be able to demonstrate the following:

• Duty of care: Doctors must provide patients with skilled care. You must show that you had a doctor/patient relationship and, therefore, were entitled to such care.

• Deviation from the standard of care: You must be able to show that your healthcare provider did something or failed to do something that deviated from the accepted medical standard of care, such as not ordering tests, misreading them, or not following up. This is usually explained through expert testimony. A medical expert explains what another medical provider in the same specialty likely would have done under similar circumstances and what your medical provider did instead.

• Causation: Next, you must show that the healthcare provider’s deviation from the standard of care was the proximate cause of your injuries. The medical expert can help link your doctor’s actions to your injuries. 

• Damages: Finally, you must be able to show that you were harmed due to your doctor’s actions, such as suffering medical bills, pain, or a lower anticipated survival rate.

Damages Recoverable in a New York Medical Malpractice Case

If you and your medical malpractice lawyer can successfully demonstrate all of the legal elements described above, you may be able to recover compensation for your damages, including:

• Medical expenses associated with the malpractice, including diagnostic tests, hospital stays, surgeries, therapies, and medication 
• Anticipated future medical expenses
• Lost wages
• Reduced earning capacity if you suffered permanent disabilities due to the condition that prevents you from working
• Physical pain and suffering
• Mental anguish and emotional distress
• Reduced quality of life 

Learning that you have a potentially fatal disease is a frightening matter. Learning that the diagnosis was delayed due to the negligence of a healthcare professional is maddening. The experienced legal team at Powers & Santola, LLP can fight to help hold the negligent provider responsible. 

Steps to Take If You Suspect a Failure to Diagnose Thyroid Cancer

If you suspect that your or your loved one’s thyroid cancer diagnosis was delayed due to a medical provider’s negligence, take precautionary steps. Request a second opinion from a trusted medical provider. Ask your original doctor’s office to provide a copy of your medical records. You don’t have to explain why you’re requesting them.

Keep all of your medical records in an organized binder or folder. Also, keep receipts, check stubs, and other evidence of your financial damages. Start keeping a daily pain journal where you document your physical symptoms and the emotional effects of the delayed diagnosis.

Speak with an experienced medical malpractice attorney as soon as possible so they can begin working on your case and pursuing the compensation you deserve.

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

The statute of limitations or filing deadline for most medical malpractice lawsuits in New York is two and a half years from the date of the act of medical malpractice. However, there is a special law (Lavern’s Law) in cases involving misdiagnoses or failure to diagnose cases of cancer, which provides plaintiffs with 30 months from the date of discovering the diagnostic error to file their lawsuit. An experienced attorney from our law firm can review your situation and explain the deadline for taking legal action.