Syracuse Delayed Cancer Diagnosis Lawyer

A delayed cancer diagnosis is exactly what it sounds like: a cancer diagnosis that has been delayed due to a healthcare provider’s error. A delayed cancer diagnosis can result from an initial misdiagnosis or even an error in reading or interpreting imaging studies. In some instances, a doctor or surgeon will misdiagnose cancer as another disease or condition, and the patient will not receive the appropriate treatment for cancer. 

Commonly Misdiagnosed Cancers

There are many types of cancers with varying degrees of severity. Misdiagnoses commonly occur when a doctor confuses symptoms of one condition for another. They can also happen when a doctor fails to recognize symptoms as a rare form of cancer. Some of the most commonly misdiagnosed forms of cancer include:

• Colon cancer: Colon cancer with a timely diagnosis from an oncologist can have a high rate of survival, while a delayed diagnosis can sharply decrease survival rates. Failing to diagnose colon cancer can require the patient to have to use a colostomy bag or for the cancer to spread outside the colon.

• Cervical cancer:  When physicians do not follow up with results after a pap smear, women may have cervical cancer and not even know it. 

• Breast cancer: Many people who have mammograms receive false negatives, leading them to think that a lump is benign or that there is no disease. Medical errors, like misreading lab results or scanned images, can have devastating consequences. 

• Brain cancer: A tumor in the brain may go undetected. Medical providers may diagnose the patient with chronic headaches, migraines, or mental health disorders. Meanwhile, dangerous cancer can be spreading throughout their brain. 

• Kidney cancer: Kidney cancer may go undiagnosed when healthcare professionals fail to identify symptoms of the cancer, investigate further, or run tests to rule out other conditions.

• Lung cancer: Lung cancer can be deadly without a timely diagnosis. The tumor can metastasize, preventing doctors from being able to provide life-saving treatment.

• Gastrointestinal cancer: GI cancer may be misdiagnosed as other types of cancer or other gastrointestinal cancers. 

• Prostate cancer: Warning signs of prostate cancer are hard to notice because the cancer progresses slowly. This is why doctors and other medical care providers must carefully evaluate patients with risk factors for this type of disease. 

• Colon cancer: Colon cancer could be misdiagnosed as hemorrhoids, dietary reactions, or IBS. 

• Skin cancer: Healthcare providers may misdiagnose melanoma and other skin cancers as non-malignant cancers or other medical conditions.

Common Causes of Delayed Cancer Diagnosis

We reasonably expect our healthcare teams to use their extensive knowledge to accurately diagnose our medical conditions so that we have the best shot at protecting our health and fighting cancer. However, healthcare professionals can make various medical mistakes that lead to misdiagnoses. Common causes of a delayed cancer diagnosis or misdiagnosis include the following:

• Testing issues: Doctors may fail to order the proper tests, order the wrong tests, misinterpret test results, misread X-rays, or make other mistakes related to testing that provide inaccurate results. 

• Lack of communication: Medical professionals may not listen to a patient’s complaints, request necessary medical records from other healthcare providers, or communicate with other members of the patient’s medical team, leading to gaps in information. Medical information systems may lack the necessary information to make informed care decisions.

• Not getting adequate patient information: Healthcare providers may fail to obtain the patient’s former medical records. If the patient was seen in the emergency room after having a medical crisis, the healthcare team might not be familiar with the patient and their family history. 

• Failing to follow up: General physicians may fail to refer a patient to a specialist. Or if they do, they may fail to check on the patient or their test results. Doctors may fail to take certain symptoms seriously, leading to delays in diagnosis. 

• Record mix-ups: Patient records can get mixed up. Doctors may confuse patients with others. Lab results could also get mixed up, leading to misdiagnoses for multiple patients. 

• Medical procedure errors: Medical providers may not complete a procedure correctly, such as taking out a potentially cancerous cell or performing a biopsy. 

• Confirmation bias: Many healthcare providers are confident in their skills. When test results seem to support their initial conclusions, they may think they were right and fail to test further, leaving the cancer undiagnosed. 

• Fatigue: Many healthcare professionals work long hours in hectic environments. They may get tired and commit errors in judgment. 

• Haste: Doctors spend less and less time with patients these days. Rushed doctors may dismiss patients’ concerns or rush through tests, missing valuable signs of disease. Remote health can compound this problem by requiring patients to rely only on visual exams rather than physical ones or tests.

• Impairment: Unfortunately, healthcare providers are not immune from having substance abuse issues. Medical professionals who are under the influence of drugs or alcohol can make careless errors that compromise patient safety. 
• Inexperience: Doctors or pathologists may lack experience dealing with the particular type of cancer. They might not recognize a tumor or indications of illness. 
• Problems with testing machines: Issues with diagnostic tools or medical equipment can cause other medical errors.

An experienced medical malpractice lawyer can review your case to determine the factors that contributed to it and who is responsible for it.

Who Is Responsible for My Delayed Diagnosis?

Various parties can be responsible for a delayed cancer diagnosis, including:

• Primary care physicians who fail to recognize signs of cancer or refer the patient to a specialist
• Oncologists who incorrectly diagnose the condition
• Lab technicians who perform tests incorrectly
• Hospitals and other healthcare groups that hire negligent doctors

More than one party may be at fault. Also, complex issues regarding whether the doctor is an independent contractor or employee can also impact legal liability. An experienced attorney can help sort out these complex legal issues. 

What Do I Need to Prove to Win My Delayed Diagnosis Case?

To win a medical malpractice claim based on a delayed diagnosis, you must be able to prove the following:

• Standard of care: The standard of care is the same level of care that another healthcare professional in the same geographic and specialty area would provide under similar circumstances. A medical expert can testify about this standard. 
• Deviation from the standard of care: You must show what your doctor did or failed to do that deviated from the standard of care.
• Causation: The doctor’s deviation must have resulted in the delayed diagnosis.
• Damages: Because of the delay in diagnosis, you suffered damages. 

What Financial Compensation Can I Recover in a Delayed Cancer Diagnosis?

We reasonably expect our healthcare teams to use their extensive knowledge to accurately diagnose our medical conditions so that we have the best shot at protecting our health and fighting cancer. When their care is substandard and results in a delayed diagnosis, severe consequences can occur. For example, if you were misdiagnosed when you had Stage 1 cancer, you may have been able to receive timely medical treatment without too much disruption to your life. However, if your doctor’s negligence caused your condition not to be diagnosed until Stage 4, your condition may have drastically worsened, leading to pain and difficulty obtaining medical treatment. Personal injury claims allow you to pursue compensation for the damages you sustained, including the following:

• Past, current, and future medical expenses, including hospital stays, surgeries, chemotherapy, radiation, rehabilitation, therapy, and counseling services
• Lost wages, lost income, and reduced earning capacity
• Permanent disability or impairment caused by the delay
• Costs of hiring someone to perform replacement services you cannot perform, such as childcare and house cleaning
• Physical and emotional pain and suffering, including mental anguish, emotional distress, and psychological trauma, caused by the late diagnosis
• Loss of enjoyment of life

An experienced lawyer can review your case and determine the damages you may be entitled to receive. 

What Should I Do If I Have Been Affected by a Delayed Cancer Diagnosis?

If you or a loved one has been negatively affected by a delayed cancer diagnosis, you deserve time to deal with this shock. In the days and weeks that follow, take the following steps to protect your health and legal rights:

Seek Medical Care

Don’t let a negative experience with your current medical provider prevent you from obtaining the medical treatment you need. Continue to seek medical care from a qualified doctor. If you need help connecting with a new doctor, we can help.

Keep Medical Records

Request your medical records from your original medical care provider; this is your legal right, and you don’t have to explain why you want your records. If you feel uncomfortable doing this, we can do it for you. 

As you seek new medical treatment, keep all of these records, too, including:

• Doctor’s notes
• Diagnostic test results
• Lab results
• Prognosis notes
• Recommendations for alterations you need to make to your lifestyle
• Prescription fills
• Receipts for medical equipment
• Medical bills and estimates
• Insurance documents

Your new doctor’s notes may help show how your health changed due to your original doctor’s misdiagnosis. 

Contact an Experienced Attorney

If you suspect you may be dealing with a delayed cancer diagnosis situation, you don’t need to try to deal with a legal claim on your own after learning about the complex medical path you might be on. It can be challenging to determine if you have a medical malpractice case, but an experienced lawyer can investigate the situation, identify signs of medical malpractice, and work with medical experts who can help establish your claim. 

Delayed cancer diagnosis claims typically are filed as medical malpractice lawsuits. Under New York’s medical malpractice statute of limitations, a patient usually has 2 years and 6 months from the date of the healthcare provider’s negligent act to file a claim for financial compensation. However, there are notable exceptions, and delayed cancer diagnosis cases often fall into one of those exceptions.

Under New York law, where a medical malpractice claim “is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person know or reasonably should have known of such alleged act or omission . . . or (ii) the date of the last treatment where there is continuous treatment for such injury, illness, or condition.” In other words, a patient with a delayed cancer diagnosis claim may be able to file a claim even though more than 2 years and 6 months have passed from the misdiagnosis since the clock on the claim will start ticking on the date that the patient found out, or should have discovered, the misdiagnosis that resulted in a delayed diagnosis injury. 

Even if your claim falls into this exception, it is important to know that a medical malpractice lawsuit cannot be filed more than 7 years from the date of the healthcare provider’s negligence. Accordingly, if you learn that a misdiagnosis resulted in a delayed diagnosis 7 years and 1 day after you received the initial misdiagnosis, you will have a time-barred claim under New York law.