Rochester Delayed & Failure To Diagnosis Lawyers

★★★★★

We absolutely can’t thank you enough.

Powers & Santola was so knowledgeable and caring. I was so very fortunate to find such a great law firm.

- John

Delayed & Failure to Diagnose Cancer Lawyers Serving Injured Patients in Rochester, New York

It’s traumatizing enough to learn you have cancer, but learning that you did not receive the treatment you needed or will be subject to what would have been unnecessary invasive medical procedures is something no one should have to face. If you have been affected by a delayed cancer diagnosis or the failure to diagnose cancer, you have the right to pursue legal action against the negligent healthcare providers.

Powers & Santola, LLP has championed the rights of the injured since our founding in 1987. Our cancer diagnosis lawyers can assist you or a loved one who has been diagnosed with late-stage cancer, beginning with a free consultation. Call us today for a free case review.

How Our Delayed Diagnosis Lawyers Can Help You and Your Family

The experienced Rochester delayed and failure to diagnose cancer lawyers at Powers & Santola, LLP have spent more than three decades honing their skills and successfully representing personal injury and medical malpractice victims throughout the state of New York. We have recovered hundreds of millions of dollars on behalf of our clients, money that was needed to pay for additional medical treatment, compensate for lost income and acknowledge their lifelong pain and suffering.

Six of our attorneys have been recognized as “Super Lawyers” and “Best Lawyers in America,” and U.S. News & World Report/Best Lawyers has rated Powers & Santola, LLP as one of the “Best Law Firms” in the United States. Our reputation precedes us. When we are the attorneys of record, insurance companies know that the case has merit and that we are prepared to go to trial.

One of the tenets of our success is making every case we handle trial-ready. We are often able to resolve cases successfully out of court through aggressive negotiations. But when that’s not possible, it’s vital to have a law firm in your corner that can go the distance and achieve significant results.

Our personal injury and medical malpractice attorneys thoroughly investigate cases, identify all sources of compensation, and fight for maximum compensation. We take the time to get to know you and understand your goals. We give each client personal attention and are dedicated to achieving life-changing results.

We offer a free and confidential consultation to examine the facts of your case and determine your legal options. If you suspect a delayed or missed cancer diagnosis, we encourage you to contact us for a free case review.

How Is Cancer Diagnosed?

The American Cancer Society reports that about 1.9 million people will be newly diagnosed with cancer each year, based on current trajectories. In 2022, more than 609,000 were expected to die of cancer, with 32,230 being patients in New York. Only California, Florida, and Texas had more people projected to die of the disease that year.

Each form of cancer is different, so medical professionals may use different tools to diagnose cancer, such as:

Mammograms
MRIs
CT scans
Bone scans
EKGs
X-rays
Blood tests
Biopsies

Various healthcare professionals can diagnose cancer, including primary care physicians and specialists.

Types of Diagnostic Errors

Diagnostic errors can occur in several different forms and may be based on various types of medical mistakes. Possible diagnostic errors could include:

Missed diagnosis – A missed or failed diagnosis occurs when a doctor fails to identify the medical condition a patient has.
Misdiagnosis – A misdiagnosis occurs when a doctor diagnoses a patient with a medical condition they do not have, potentially subjecting them to unnecessary or harmful medical treatment in the process and/or causing them not to receive the treatment they need for the medical condition they have.
Delayed diagnosis – A delayed diagnosis occurs when a doctor diagnoses a patient with a medical condition they have after an unreasonable delay.
Failure to recognize complications – This diagnostic error occurs when a doctor correctly diagnoses a patient but fails to recognize the urgency or complications caused by the condition.

If your healthcare provider committed any of these medical errors that led to your failed or delayed cancer diagnosis, you may have legal grounds to file a medical malpractice case against them.

Why Is Cancer Misdiagnosed?

Medical professionals are not infallible. They can make mistakes or suffer from judgment errors that lead to misdiagnosis. Common reasons for misdiagnosed cancer include:

Communication breakdowns – Doctors and other healthcare professionals may not have access to all of the information they need. This could be because staff failed to obtain it, information may be missing in medical information systems, or medical providers in different medical facilities failed to communicate together. Problems with diagnoses can also arise when doctors and their staff fail to communicate test results to their patients.
Doctor fatigue – Doctors often work long hours, which can lead to fatigue. Fatigue is widely known for decreasing mental acuity, so tired doctors are more likely to make mistakes than those who are well-rested.
Overconfidence – Medical providers may see the same type of maladies, so they may be confident they are seeing similar symptoms in another patient. However, this predisposition to diagnose patients with certain conditions can prevent them from recognizing symptoms of cancer.
Failing to order proper tests – Medical tools to detect cancer have become more accurate and flexible. However, doctors may not have access to radiology tools, genetic testing, or other tests that might have helped diagnose cancer sooner.
Lack of time – A patient who goes to see their doctor may only interact with the medical provider for a few minutes. This may not be sufficient to recognize the symptoms of cancer.

Who Is Responsible for Misdiagnosing Cancer?

Various medical providers may be to blame for a cancer misdiagnosis, including:

Primary care physicians who miss signs of cancer during a physical examination or routine office visit
Hospitals that misdiagnose patients after complications arise
Emergency departments that do not take enough time to determine the source of the patient’s complications
Medical centers or the providers they employ or contract with
Pathologists who do not properly perform tests to confirm the presence of cancer cells
Radiologists who make mistakes using diagnostic tests

Sometimes, delays in diagnosis may be due to the negligence of nurses or staff. In other cases, corporate negligence caused the failure of proper systems to be in place that could have prevented a misdiagnosis. An experienced attorney can review your case and determine which medical provider(s) is responsible for your delayed diagnosis.

How Does a Missed or Delayed Diagnosis of Cancer Affect a Patient?

A delayed cancer diagnosis can have a profound impact on cancer patients and their families. Some of the potential consequences of a failed or delayed cancer diagnosis include:

Cancer spreads – If cancer is not eradicated quickly when it is first discovered, it can spread to other areas of the body. This spreading can drastically reduce the likelihood of a patient surviving the cancer. Medical research shows that a diagnosis that is delayed by only one month for some types of cancer raises the likelihood of dying from the disease by 10%. The five-year survival rate is also significantly different when the cancer is caught early compared to after it has spread. For example, breast cancer has a five-year survival rate of 99% when it is localized, compared to 27% when it is distant.

Additional medical treatment – A delayed diagnosis may mean that you must endure additional medical treatment to cure the cancer or prolong your life. You may have to undergo an invasive medical procedure, such as a mastectomy.

Possible disfigurement – Cancer or its surgical removal may have resulted in disfigurement or scarring that negatively affects your self-image and quality of life.

Health complications – A later-stage cancer may cause long-term complications to your health that adversely affect your quality of life. You could be left permanently disabled and unable to work.

Expensive medical bills – Cancer treatments can easily cost hundreds of thousands of dollars, if not more. The doctor’s delay could have placed you in a precarious financial position.
Pain and suffering – Cancer and associated medical treatments can cause significant physical pain and suffering, coupled with emotional distress.

Our firm can evaluate your medical malpractice claim, determine how the late or missed diagnosis has affected you and your family, and fight for fair compensation.

Why Should I File a Delayed Diagnosis Lawsuit?

If you were harmed due to a cancer misdiagnosis or delayed diagnosis, you should consider filing a medical malpractice lawsuit for the following reasons:

You want to hold your medical provider accountable – You reasonably expect your medical provider to use the care and skill expected of their profession. When they make a mistake with such grave consequences, they should be held to account for their careless mistakes.

You want to raise awareness – You likely want to help other families avoid similar situations. Your medical malpractice case can help identify dangerous doctors or lead to systemic changes that prevent future harm to others.
You could recover financial compensation for your losses – Tort law recognizes that accident or injury victims cannot reverse time and prevent the actions that led to their injury, despite that being their sincerest wish. Instead, these cases focus on providing them with financial compensation to cover the losses caused by someone else’s careless mistake, such as medical expenses, lost wages, and reduced earning capacity. Medical malpractice can cause significant physical, emotional, and financial consequences, and you deserve to be fairly compensated for the ordeal you have endured.

An experienced attorney can discuss the pros and cons of taking legal action with you during a free case review.

What Do I Have to Prove to Win a Delayed Diagnosis Lawsuit?

When you are the plaintiff in a civil claim, you have the burden of establishing the legal elements of your claim by the preponderance of the evidence. In a medical malpractice case, the elements are:

You had a doctor/patient relationship with the healthcare provider who you allege committed medical malpractice.
The healthcare provider deviated from the standard of care in misdiagnosing, failing to diagnose, or delaying the diagnosis of your cancer.
The healthcare provider’s failure to correctly diagnose you in a timely manner and the delay was sufficient to make a difference in your health outcome.
You suffered harm as a result of the delayed or failed diagnosis, such as needing more medical treatment, having a lower chance of survival, or being subject to additional pain and suffering.

Given the dire consequences, a delayed diagnosis lawsuit may be justified in your case.

What Is the Time Limit for Filing a Medical Malpractice Claim in New York?

Each state has different rules surrounding how long you have to file a lawsuit after certain actions. In New York, you have two and a half years to file a medical malpractice lawsuit. In the case of delayed cancer diagnosis, the time limit begins when you discovered or reasonably should have discovered the negligent act that led to the delayed diagnosis. Protect your rights by reaching out to an experienced cancer misdiagnosis lawyer today.

Contact Our Rochester Delayed Diagnosis Attorneys for a Free Consultation

A delayed or missed cancer diagnosis can have far-reaching and often irreversible consequences. If you suffered harm or lost a loved one because of a missed or delayed cancer diagnosis, it is critical to consult with an experienced medical malpractice attorney. You may have options for holding the healthcare provider responsible for the harm you’ve suffered.

The dedicated team at Powers & Santola, LLP is committed to helping you achieve a fair resolution. We want to help secure the justice and compensation you deserve. Our law firm handles cases in Rochester, Syracuse, Albany, and Upstate New York. Contact us today to arrange a free and confidential consultation.

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