Failure to Diagnose Cancer

Failure to diagnose is a type of medical malpractice – one that could be devastating to your life and your friends and family’s. The failure to diagnose a serious, time-sensitive disease such as cancer often warrants exploring a medical malpractice action. If you believe you are the victim of a negligent failure to diagnose cancer, contact the New York lawyers at Fiedler Deutsch, LLP for a free consultation. We are here to help you through this process.

Why Choose Our Medical Malpractice Lawyers?

Do You Have a Claim?

Failure to diagnose cancer is a common reason for misdiagnosis lawsuits in New York State. Failure to diagnose is a legal term that describes a health care professional negligently failing to identify cancer in a patient. It means that a reasonable and prudent physician would have successfully diagnosed the patient’s cancer through a proper analysis of symptoms and test results. If you are a victim of failure to diagnose cancer, you or your lawyer will need to establish four main elements for a valid medical malpractice claim:

  1. Patient-doctor relationship with a duty of care owed
  2. Breach of the professional duty of care by the negligent failure to diagnose
  3. Causation for your injuries or losses
  4. Compensable damages suffered from the breach of duty

Failure to diagnose cancer could be medical malpractice if a reasonable and prudent doctor would have been able to promptly and correctly diagnose the condition under the same or similar circumstances. Your lawyer will need to show that your damages are connected to the doctor’s malpractice. If your cancer is terminal, for instance, and a timely diagnosis would not have changed your prognosis, you may not be eligible for compensation. Our attorneys at Fiedler Deutsch, LLP can review your case for free to let you know if you have the necessary elements for a claim.

Compensation Available to New York Medical Malpractice Victims

Patients with injuries or harm due to the failure to diagnose cancer may be able to recover compensation in New York through misdiagnosis lawsuits. If a misinterpreted blood test or radiology study led to the failure to diagnose a cancerous tumor and a lack of treatment, for example, you will have the right to pursue compensation from the at-fault party through a medical malpractice lawsuit in New York.

The party liable for your damages could be the physician guilty of malpractice, the professional in charge of interpreting test results or the hospital itself for the mistakes of its staff members. From the lawsuit, you could receive compensation for any complications, additional surgeries or treatments, pain and suffering damages, lost quality of life, lost earnings, and medical bills related to the failure to diagnose cancer.

Contact Our Medical Malpractice Attorneys Today

If you or your loved one’s physician negligently failed to diagnose any type of cancer, contact us to find out if you have grounds for a lawsuit. If your doctor breached the expected level of patient care for the medical industry in his or her failure to diagnose, that physician or hospital may owe you compensation. Contact us online or call (914) 993-0393 for a free consultation with our medical malpractice attorneys today. We are here to help you through this difficult time.