Ideally, patients will have their cancer diagnosed at an early stage when treatment is most effective. By delaying diagnosis, negligent medical providers can end up harming a patient’s chance of beating the cancer or at least going into remission. Consequently, patients live shorter lives and often need more expensive medical care.
At Powers & Santola, LLP, we have deep experience in delayed cancer diagnosis cases. We can file a lawsuit against any medical provider whose malpractice ended up hurting you. Unfortunately, no lawsuit can make the cancer go away or improve your health. But we can seek compensation for certain losses you have suffered. Below, our Albany delayed cancer diagnosis lawyers review the categories of damages you can seek in this type of claim.
Increased Medical Expenses
Often, cancer that is found early can be removed surgically or treated with radiation. Due to diagnostic delay, however, many patients need much more invasive treatment. They might need multiple surgeries or more aggressive chemotherapy. The cancer could also have spread, which means they need medical care for longer periods of time.
Patients can end up spending more time in the hospital recovering from surgery. They might also have more doctor’s or oncologist appointments, which add up.
Had a patient received a timely diagnosis, their medical bills might have been manageable. Due to the delay, unfortunately, their medical expenses have exploded. You should not have to shoulder that financial burden yourself. Instead, the doctor or other provider who committed malpractice should have to pay for this additional care.
Lost Income
Many of our clients are employed. However, they need to take time off from work to go to chemo or radiation, or else they must take weeks at a time to recover from surgery.
Additional medical care often leads to additional time off from work, which means lost income or wages. If your doctor diagnoses you with Stage 0 breast cancer, you might be back at work within days of surgery. But if your cancer has progressed due to a missed diagnosis, your surgery could be more invasive. That means longer recovery times—and reduced earnings.
No one who suffers from a delayed cancer diagnosis should lose out on income. You are stressed enough with your cancer—don’t suffer from financial stress as well.
Pain and Suffering
We can also seek compensation for pain and suffering. Undoubtedly, a delayed cancer diagnosis leads patients to feel increased pain, distress, and inconvenience. Early-stage cancer might cause some pain. But if the cancer spreads to lymph nodes or distant sites, then you could feel more intense agony.
Pain and suffering is an umbrella term for the physical and mental distress suffered as a result of malpractice. In our experience, doctors and their insurers fight aggressively to minimize the pain our clients feel. They hope to cut the costs of their mistakes, but our Albany delayed cancer diagnosis lawyers can push back.
How Much Is Your Claim Worth?
This is a complex question. We strongly encourage you to schedule an appointment with Powers & Santola if you suspect you are the victim of missed diagnosis. We can review the facts.
You should also begin holding onto certain evidence, such as:
- Medical bills from providers
- Any statements from your health insurer
- Receipts for medical equipment or prescription drugs
- Pay stubs or evidence of self-employed income
Also talk with our lawyers about the emotional distress and physical pain that you feel. It is critical that you document this distress. As mentioned above, many insurance adjusters try to limit the amount they pay in a settlement. It is also difficult to show pain, depression, or anxiety because these do not show up on an imaging test.
We have tips for how to document the pain you feel. Contact one of our lawyers as soon as possible.
What if Your Loved One Died?
Tragically, missed or delayed diagnoses cause many deaths. Our firm can walk you through the law on wrongful death claims, including what compensation might be available. This is a different type of lawsuit, and the law in New York is currently in flux. Different deadlines apply for filing a lawsuit in a timely manner.
Are You Suffering from a Delayed Cancer Diagnosis?
Powers & Santola, LLP, is the law firm to call to discuss your legal options when a delayed or missed diagnosis compromises your health. If you call today, we can schedule a time to talk with you confidentially about the medical care you have received, as well as your rights to sue.
