If your healthcare provider misdiagnosed your cancer – either by diagnosing you with a medical condition you didn’t have or failing to diagnose you at all – you may be entitled to compensation for the losses you’ve suffered. While every case is unique, an experienced medical malpractice attorney can fight for the compensation you deserve that acknowledges the losses you’ve incurred due to your doctor’s careless mistake.
An experienced attorney from Powers & Santola, LLP can consult with you and give you more information about the potential damages you stand to recover. Call us today for a free case review.
Your Right to Compensation in a Cancer Misdiagnosis Case
When someone else injures you due to negligent conduct, you have a right to pursue damages from them in the form of a personal injury claim. When the negligent party was a medical provider, you have the provider committed medical malpractice, which occurs when:
- You had a doctor/patient relationship with the healthcare provider.
- There was a standard of care that the healthcare professional was supposed to adhere to.
- The medical provider deviated from the standard of care.
- You were damaged as a result of the deviation from the standard of care.
Not all failure to diagnose situations are preventable or ultimately determined to be the medical professional’s fault. However, if the doctor did something or failed to do something that resulted in the cancer misdiagnosis, you may have legal grounds to file a medical malpractice lawsuit against them.
The ultimate question is: Would another healthcare provider in the same area and specialty have done the same thing as the defendant? If not, you may have a viable legal claim against them. Since the court is limited in the relief it can provide, it generally awards damages in the form of money to compensate for the losses injured patients have experienced.
What Is a Settlement?
Many medical malpractice cases end in a settlement rather than going to trial. A settlement is an agreement between two or more parties to resolve a case outside of court. In a medical malpractice or personal injury claim, this is typically achieved by accepting a certain amount of money from the defendant’s insurance company in exchange for agreeing not to sue the party or to resolve an existing lawsuit rather than continuing to trial.
This resolution helps resolve the matter more quickly, so the injured patient has access to the funds they need for new medical treatments and prevents them from having to go through the ordeal of a trial, which may seem overwhelming when you are facing such a serious diagnosis.
At Powers & Santola, LLP, we have our client’s best interests at heart. We prepare every case as though it were going to trial so that we are prepared and can negotiate from a position of strength. Because we have such a long track record of success and are highly acclaimed attorneys, our reputation precedes us, often allowing us to secure top compensation through settlements. However, if the insurance company or defendant is not willing to offer a fair settlement, we don’t hesitate to go to court to maximize your financial recovery.
Either way, we minimize the stress of the situation, advocate for you, and protect your legal rights at every turn.
Damages Recoverable in a Cancer Misdiagnosis Case
New York medical malpractice victims can often seek compensation for their general and special damages. Special or economic damages compensate for tangible losses that can be quantified. General or non-economic damages compensate for more subjective losses that are difficult to quantify. These damages might include:
Medical Expenses
You can seek compensation for previous medical bills, ongoing medical treatment, and anticipated future medical expenses. This could compensate for:
- Medical treatments
- Additional hospital stays
- Surgeries
- Radiation
- Chemotherapy
- Immunotherapy
- Diagnostic tests
- In-home nursing care
- Medication
- Rehabilitation
- Therapy
Lost Wages
A delayed cancer diagnosis can result in the cancer metastasizing, which can cause you to miss significant time from work. You may even suffer from permanent disabilities or a reduction in your long-term earning capacity. You can seek compensation for these financial losses.
Cost of Living Adjustments
Due to disability or serious illness, you may need to modify your home or vehicle. You can pursue compensation for these economic losses, too.
Out-of-Pocket Expenses
You can seek reimbursement for other financial losses that you may initially pay out of pocket for, such as:
- Medical equipment
- Transportation to medical appointments
- Lodging for out-of-town medical appointments
- Co-pays
- Deductibles
- Other incidental costs associated with the treatment and recovery process
Pain and Suffering
Pain and suffering generally refers to the physical pain and discomfort that personal injury victims suffer because of the malpractice and subsequent treatment.
Emotional Distress
Discovering that your healthcare provider missed such a significant diagnosis as cancer can be very distressing. For this reason, you can seek compensation for losses such as:
- Emotional pain and suffering
- Mental anguish
- Anxiety
- Depression
- Post Traumatic Stress Disorder (PTSD)
- Psychological trauma
Disfigurement and Disability
If the delayed diagnosis led to permanent disability, impairment, or changes or caused scarring or disfigurement, you can pursue compensation for these losses.
Loss of Enjoyment of Life
Victims of medical malpractice can pursue compensation for the loss of enjoyment of life, which considers the decreased ability to enjoy daily activities and hobbies due to the delayed diagnosis.
Loss of Consortium
Loss of consortium refers to the loss of the benefits of a relationship, including loss of affection, companionship, support, and intimate relations.
Are There Damage Caps in Cancer Misdiagnosis Cases?
Many states have passed so-called “tort reform” laws that limit the amount of compensation a claimant can receive from personal injury lawsuits, especially medical malpractice cases. New York is not one of them. Therefore, you can seek compensation for the full extent of your losses without having to worry about your damages being arbitrarily limited.
Factors That Can Affect Your Case Value
Every medical malpractice case is unique, so there is no such thing as an average medical malpractice settlement. Instead, the potential value of your case can depend on factors specific to your particular case, such as:
- The severity of harm: If the doctor’s mistake did not result in a significant change in your prognosis or life expectancy, the medical malpractice case may not be as valuable as one in which it did. Likewise, if you suffered permanent disabilities, you will require lifelong care, or you will ultimately succumb to cancer due to the doctor’s careless actions, the case value will likely be higher.
- The permanence of harm: If the medical malpractice resulted in temporary injuries, it is likely less valuable than if it resulted in permanent harm.
- Your age: Your age can impact the medical malpractice claim in a few ways. It can affect how much the court awards you for your lost earnings. The younger you are, the more years you may be entitled to compensation. It can also affect your medical expenses, as the younger you are, the more likely you are to have extended future care needs. Finally, it affects your life expectancy, which an expert witness can compare to your life expectancy now, considering the missed diagnosis.
- Work history: Your work history, industry, position, education, and experience can be considered when determining your lost earning capacity damages.
- Strength of evidence: The stronger your evidence, the more compelling your case may be to the defendant, medical professional, and their medical malpractice insurance provider. Evidence that can strengthen your claim may include medical records, witness statements, expert witness testimony, and clear documentation regarding your damages. Evidence should also support the connection between the medical provider’s negligent act and the resulting harm.
- Medical malpractice insurance limits: Your healthcare provider may be covered by medical malpractice insurance, which may mean you are limited to the maximum amount of the policy for your harm. Your lawyer can explore whether you may have a viable claim against multiple parties to maximize your compensation.
- Venue: The particular court that your case is filed in can impact the value of your claim. Some venues are known for providing higher medical malpractice awards than others.
These factors can significantly impact the potential value of a case, creating large disparities from one case to the next. The best way to determine what your specific case might be worth is to work with an experienced lawyer.
Why Working with an Experienced Attorney Is So Important
Your ability to prove the defendant was at fault for your cancer misdiagnosis, accurately account for all of your damages, and secure fair compensation may rely on the quality of the medical malpractice lawyer you choose to work with. Powers & Santola, LLP knows how to prepare cases for maximum compensation, and our experienced trial attorneys aren’t afraid to take your case all the way to secure the compensation you deserve. Our experienced attorneys have repeatedly been named “Medical Malpractice Lawyer of the Year” because of our unwavering client advocacy and unmatched results.
Steps to Take to Maximize Your Compensation
While every medical malpractice and cancer misdiagnosis case is different, you can have a direct impact on the potential outcome of your case. To maximize the potential compensation you can recover, take the following steps:
Seek Medical Treatment Promptly
As soon as you suspect your doctor may have made a diagnostic mistake, seek medical treatment immediately from a new provider. Your health is the most important priority, and every day matters when you’re talking about cancer. Seeking a second opinion will also show you are serious about your health, potentially increasing the compensation you can recover from a medical malpractice settlement.
Request Your Medical Records
You have the right to request your medical records, and you don’t have to explain why you want them. Your medical records can provide critical information relevant to your claim, and it’s usually easier and less expensive for you to request them rather than having to demand them during litigation.
Meet with an Expert Witness
New York law requires that your legal complaint be accompanied by a certificate of merit that states an expert witness has reviewed your case and determined that you have a viable medical malpractice claim. Your lawyer may recommend that you meet with an expert witness so they can provide this information.
Keep Detailed Records
Keep a daily pain journal in which you describe the following information:
- Your pain level on a scale of one to ten
- Your symptoms
- Details on the pain and other symptoms you are feeling
- How your injuries are interfering with your life
- Whether your pain interfered with your sleep
This can be valuable evidence to help establish your non-economic damages
Consult with an Experienced Attorney
An experienced medical malpractice lawyer can advise you on your next steps and protect your legal rights throughout the process.
Contact Us for a Free Consultation
If a healthcare professional misdiagnosed your cancer condition, you do not have to accept the situation. You can fight back with the help of an experienced medical malpractice lawyer from Powers & Santola, LLP. Our attorneys have decades of combined legal experience and have recovered hundreds of millions of dollars in compensation for our deserving clients. Our dedication and advocacy have resulted in our attorneys being recognized repeatedly as Personal Injury Lawyer of the Year and Medical Malpractice Lawyer of the Year.
Contact our law firm today for a free, no-obligation consultation.
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