★★★★★
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.
Delayed & Failure to Diagnose Cancer Lawyers Serving Injured Patients in Troy, New York
A medical mistake may have the most serious repercussions when dealing with delayed and failure to diagnose cancer. You rightfully depend on your medical team to accurately diagnose you based on your symptoms and family history. When a doctor or other healthcare provider fails to properly or timely diagnose your cancer, your life hangs in the balance.
The medical malpractice attorneys at Powers & Santola, LLP are dedicated to fighting for the justice and accountability patients deserve when they are harmed by negligent healthcare providers. We are ready to put our considerable legal experience and resources to use to fight for you.
How Can Our Cancer Diagnosis Attorneys Help?
Unexpectedly learning that you have cancer can be devastating. Your full attention should be on your health and what you can do to minimize the harm a careless doctor has caused to your life. Our law firm can handle the legal claim for you, giving you the space you need to process this development in your life and how to respond to it.
When you hire our law firm, we can:
- Review your medical records to identify indicators that your healthcare team missed
- Work with qualified medical experts who can explain how your medical provider’s care fell short of the standard of care
- Obtain additional evidence through discovery and other tools to support your claim
- Make a claim with your doctor’s medical malpractice insurance company
- Handle communications with other parties on your behalf
- Monitor case deadlines and take legal action on your behalf
- Negotiate for fair compensation
We can discuss, in detail, how we can help when you call for your free case review.
Why Should I Choose Powers & Santola, LLP for My Cancer Diagnosis Claim?
You need a skilled advocate in your corner after learning that someone has violated the trust you put in them. We believe we are the right choice for you due to our:
- Experience – Our law firm was established in 1987. A large focus of our personal injury practice is on medical malpractice claims, including cases involving anesthesia errors, surgical errors, medication errors, post-operative errors, dental malpractice claims, and cancer misdiagnosis cases. With more than three decades of experience, our attorneys are familiar with New York’s medical malpractice laws and how to successfully recover compensation for our clients.
- Results – Our law firm has successfully recovered hundreds of millions of dollars in compensation for our New York clients through verdicts and settlements. This is life-changing money that helps pay medical expenses, make up for lost earning capacity, and compensate them for pain and suffering. We are prepared to fight tirelessly to pursue the compensation you need, too.
- Reputation – With so many lawyers in New York, it’s essential that you work with one with a strong reputation in the legal community. Insurance companies know the experienced attorneys at Powers & Santola, LLP mean business. We have been recognized as Super Lawyers and Best Lawyers in America. U.S. News & World Report/Best Lawyers has rated our law firm as one of the Best Law Firms in the country. One of our founding attorneys wrote a leading treatise on accident claims.
- Preparation skills – At Powers & Santola, LLP, we believe that every case should be prepared to go to trial. Whether we take the case to trial or can resolve it out of court for a fair settlement, this strategy helps us become more familiar with the case and gives us leverage when negotiating with insurance companies.
- Client-focused approach – Our attorneys focus exclusively on cases in which we represent victims, not insurance companies or businesses. Our desire to help people just like you drives us to succeed.
Learn more about what it’s like to work with our award-winning law firm when you call us for a free case review.
What Is a Failed Diagnosis of Cancer?
Healthcare professionals are expected and required to use their extensive knowledge, skills, and experience to diagnose patients accurately. Medical providers primarily complete this essential duty by performing a differential diagnosis, which involves asking about a patient’s symptoms, reviewing medical history, completing a physical examination, ordering additional tests, reviewing test results, and making a diagnosis. Many medical conditions share similar symptoms, so it’s important that healthcare providers use this process to rule out conditions and consider others.
A failed diagnosis of cancer occurs when a medical professional never diagnoses a patient who has cancer with cancer. The patient may not discover they have cancer until they go to another provider, often after the disease has progressed.
What Is a Delayed Cancer Diagnosis?
A delayed cancer diagnosis occurs when a medical practitioner does reach an accurate diagnosis of cancer. However, the diagnosis occurs after the time another qualified healthcare provider would have been able to diagnose the condition based on the same symptoms. This delay can still harm the patient.
Why Do Healthcare Providers Misdiagnose Cancer?
Symptoms of cancer are varied. Additionally, each form of cancer can present with its own unique symptoms. These symptoms may include:
- Unexplained lumps on the body
- Fatigue
- Unexplained weight loss or gain of ten pounds or more
- Eating problems
- Skin changes
- Pain
- Unusual bleeding or bruising
- Bowel or bladder changes
- Fever
- Headaches
Because many of these symptoms are present in other medical conditions, healthcare professionals may mistake them for other conditions, such as inflammation, infection, respiratory conditions, irritable bowel syndrome, pneumonia, or diabetes.
Problems that can contribute to misdiagnoses of cancer include:
- Failing to listen to a patient’s symptoms or review their family history
- Failing to order necessary tests
- Misinterpreting test results
- Mixing up patient records or test results
- Failing to follow up with a patient after diagnostic tests
- Contaminating test samples
- Conducting biopsies incorrectly
- Failing to refer the patient to specialists when necessary
An experienced Troy medical malpractice lawyer can review your situation to determine your legal rights.
Dangers of Failed or Delayed Misdiagnoses
The most serious consequence of a delayed or missed diagnosis is the possibility that by the time the cancer is discovered, it will be incurable. Cancers often act aggressively, so a delay of weeks, months, or years can make the difference between life and death. If a doctor fails to properly identify cancer in an early stage and you do not receive the medical care you need, you may wind up with a terminal disease.
In the event of a delayed diagnosis, you may be able to treat the disease. However, you may be subject to more invasive medical treatments that may present additional risks and complications, such as loss of fertility, removal of body tissue, nerve damage, or pain. It can be frustrating to know that you are facing these consequences due to medical negligence. An experienced attorney can review your situation and help you with a medical malpractice claim.
When Is a Failed or Delayed Diagnosis of Cancer Medical Malpractice?
Diagnostic errors can sometimes serve as the basis of a medical malpractice lawsuit. The legal elements involved with this type of legal claim include:
- Existence of a doctor/patient relationship – You must be able to show that you were a patient of the doctor, hospital, or medical center where the defendant worked.
- Deviation from the duty of care – The standard of care is the level of care a doctor with similar education and training would provide under similar circumstances. Deviating from this standard can result in a medical mistake that harms the patient.
- Patient injury – You must show the medical errors that caused your injury.
- Damages – Damages are the losses you suffered because of the delayed or missed diagnosis, such as medical bills, the need for additional medical treatment, lost wages, or pain and suffering.
Our cancer diagnosis lawyers can carefully review the details surrounding your situation to determine if you have a viable medical malpractice claim.
New York’s Time Limit for Filing a Medical Malpractice Lawsuit
New York has a two-and-a-half-year statute of limitations for most medical malpractice actions. This time limit usually begins when the medical mistake occurs. However, New York’s medical malpractice laws allow for this time limit to be tolled or paused in special cases involving a delay in a cancer diagnosis. Under these rules, the time limit does not begin to count down until the patient receives the correct diagnosis or reasonably should have known about the mistake or within two years and six months from the last treatment date.
What Compensation Can I Recover in a Delayed Cancer Diagnosis Case?
Medical malpractice victims have a right to pursue compensation for the economic and non-economic damages they sustained because of the harm they suffered due to a delayed or missed diagnosis. Economic damages or actual damages are tangible losses you suffered because of the delay, such as additional medical expenses. Non-economic damages or general damages provide compensation for losses that are difficult to quantify, such as pain and suffering.
Through a New York medical malpractice lawsuit, you may be able to recover compensation for the following damages:
- Medical bills for additional medical procedures, treatments, future care, medications, skilled nursing care, and therapies
- Lost wages and reduced earning capacity for time you missed from work while recovering and any long-term reductions in your future earnings
- Out-of-pocket costs
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
New York does not impose any limits on the amount of damages that can be awarded to a plaintiff in a medical malpractice case. Our attorneys zealously pursue maximum compensation for all the damages you sustained.
What Should I Do If I Suspect Medical Malpractice Delayed My Cancer Diagnosis?
If you believe that medical malpractice may be responsible for your missed or delayed diagnosis, time is of the essence. Act quickly and follow these steps to protect your rights:
Get a Second Opinion
Do not take your medical provider’s word for it. If you think you might have cancer but your provider is not taking your concerns seriously, see a new provider. Taking this step can also help document your concerns and put dates on when the cancer was accurately diagnosed.
Request Your Medical Records
You have the right to your complete medical records. Ask your former provider for your records, including all doctor’s notes, test results, diagnostic scans, and other medical records. These records are essential to proving your claim. You do not have to inform your previous provider of why you want your records or that you are planning to take legal action against them.
Contact an Experienced Attorney
Medical malpractice cases are highly complex. You should not try to advance your claim on your own. Look for an attorney with extensive experience handling medical malpractice cases.
Keep It Private
While you are justifiably frustrated with your previous medical provider, keep information about your legal claim private. Avoid discussing the situation with family, friends, or contacts on social media. Insurance companies and defendants may be able to find this information, which can damage your case. Only discuss your case with your lawyer.
What Should I Do If I Suspect Medical Malpractice Delayed My Cancer Diagnosis?
If you believe that medical malpractice may be responsible for your missed or delayed diagnosis, time is of the essence. Act quickly and follow these steps to protect your rights:
Get a Second Opinion
Do not take your medical provider’s word for it. If you think you might have cancer but your provider is not taking your concerns seriously, see a new provider. Taking this step can also help document your concerns and put dates on when the cancer was accurately diagnosed.
Request Your Medical Records
You have the right to your complete medical records. Ask your former provider for your records, including all doctor’s notes, test results, diagnostic scans, and other medical records. These records are essential to proving your claim. You do not have to inform your previous provider of why you want your records or that you are planning to take legal action against them.
Contact an Experienced Attorney
Medical malpractice cases are highly complex. You should not try to advance your claim on your own. Look for an attorney with extensive experience handling medical malpractice cases.
Keep It Private
While you are justifiably frustrated with your previous medical provider, keep information about your legal claim private. Avoid discussing the situation with family, friends, or contacts on social media. Insurance companies and defendants may be able to find this information, which can damage your case. Only discuss your case with your lawyer.
Contact a Troy Delayed and Failure to Diagnose Cancer Lawyer for Help Today
If your cancer has spread because of a missed or delayed diagnosis, you may have grounds to file a medical malpractice claim against the negligent healthcare provider. The cancer lawyers at Powers & Santola, LLP can meet with you to discuss your legal options for pursuing financial compensation following a cancer misdiagnosis. Contact us today for a free consultation.
Other Practice Areas
Changing Lives for the Better
When someone injures you, your life gets turned upside down. Suddenly, you may face a ton of medical bills. You may be unable to work or help out around the home. Others may need to care for you around the clock. Nothing is the same.
view all practice areas
Request Your
Free Consultation Today
2025 Ⓒ Powers & Santola, LLP. All rights reserved. Privacy Policy | Site Map
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.