White Plains Cancer Misdiagnosis Lawyer
Delayed or incorrect cancer diagnoses cost patients critical time and worsen outcomes. If you or a loved one suffered due to a cancer misdiagnosis, you may have a medical malpractice claim. Call (914) 993-0393 or contact us online for a free consultation.
Why Patients Choose Fiedler Deutsch, LLP After a Misdiagnosis
- We work with top oncologists and diagnostic experts to build strong claims.
- Our team has secured millions for victims of medical malpractice.
- We prepare every case for trial to maximize results.
- You pay no legal fees unless we win your case.
How Diagnostic Failures Happen
Physicians must follow clear diagnostic standards when cancer is suspected. Failures occur when they:
- Ignore or minimize symptoms
- Fail to order tests like MRIs, CT scans, or biopsies
- Misread lab or imaging results
- Delay referrals to oncologists
- Fail to follow up on abnormal findings
These errors allow cancer to spread unchecked, reducing treatment options and survival chances.
Cancers Commonly Misdiagnosed
Some cancers mimic less serious conditions and are frequently misdiagnosed:
- Breast cancer: Mistaken for benign lumps
- Lung cancer: Misidentified as bronchitis or pneumonia
- Colon cancer: Misdiagnosed as IBS or hemorrhoids
- Pancreatic cancer: Overlooked due to vague symptoms
- Skin cancer: Moles dismissed without biopsy
- Prostate cancer: PSA results misread or ignored
Misdiagnosis often leads to advanced-stage discovery, aggressive treatment, and reduced life expectancy.
Elements of a Cancer Misdiagnosis Case
Under New York law, you may file a medical malpractice claim if a provider’s negligence delayed your diagnosis. You must show:
- A doctor-patient relationship existed
- The doctor failed to meet accepted standards
- That failure caused harm
- You suffered measurable damages
Key evidence often includes diagnostic imaging, pathology reports, lab results, specialist referrals, and detailed medical records showing when symptoms were first reported and how they were addressed. Expert testimony is also critical to establish the accepted standard of care and how the provider failed to meet it.
New York Medical Malpractice Laws
Important aspects of New York medical malpractice law include:
Statute of Limitations
Under CPLR § 214-a, you must file a malpractice lawsuit within 2 years and 6 months from the date of the negligent act or the end of continuous treatment for the same condition. In wrongful death cases, the time limit is 2 years from the date of death.
Certificate of Merit
New York law requires the plaintiff’s attorney to file a certificate of merit confirming that a licensed medical expert has reviewed the case and believes there is a valid basis for a malpractice claim.
No Damage Caps
Unlike many other states, New York does not cap damages in medical malpractice cases.
What an Attorney Can Do
Cancer misdiagnosis claims are among the most complex in medical malpractice law. These cases require a deep understanding of both medicine and litigation. Without experienced legal representation, you risk losing access to compensation that could cover your future care and losses. A skilled White Plains medical malpractice lawyer is critical because they will:
- Identify where the diagnostic process failed
- Work with trusted medical experts to prove negligence
- Establish how the delay worsened your condition
- Calculate full damages, including future medical needs and lost income
- Handle all deadlines, filings, and negotiations
- Prepare a strong case for trial if the provider refuses a fair settlement
Hospitals and insurers will fight aggressively to avoid liability. You need an attorney who knows how to fight back and protect your rights.
Speak with a White Plains Cancer Misdiagnosis Lawyer
Call (914) 993-0393 or contact us online to arrange a free consultation. We only get paid if we win your case.