New York Cancer Misdiagnosis Attorney

How Our New York Cancer Misdiagnosis Lawyer Can Help You

A correct cancer diagnosis is vital for getting timely treatment and increasing your chances of recovery. When medical professionals fail in this regard, it can lead to devastating consequences. If you or a loved one experienced an improper cancer diagnosis (or none at all), you may be eligible to file a medical negligence suit. 

At Jacob D. Fuchsberg Law Firm, our New York cancer misdiagnosis attorneys understand the critical importance of legal representation in such situations. We're here to support you, leveraging our experience and skill to investigate thoroughly, consult with medical experts, and build a strong legal strategy tailored to your case. 

Our mission is to secure the compensation you deserve, offering the guidance and support necessary during this challenging time. Trust us to fight for your rights and your future.

Meet Our Attorneys

What Is a Cancer Misdiagnosis?

When people develop symptoms they suspect could be cancer, they expect their doctors to run the appropriate tests and deliver an accurate diagnosis. Unfortunately, some doctors miss early signs. A misdiagnosis or a delay in receiving a proper diagnosis only allows the disease to spread, and by the time the doctor finally identifies the problem, it could be too late.

Some of the most common forms of cancer misdiagnosis include:

• Diagnosing the wrong type of cancer: A doctor diagnoses a patient with one type of cancer when they actually have a different type.
• Failure to diagnose: A doctor misinterprets test results, fails to order the correct tests based on the patient’s symptoms, or doesn’t order a screening test for a high-risk patient.
• False-positive reporting of cancer: A doctor diagnoses a patient with cancer when they do not have it or when they have an entirely different disease instead.

Regardless of your specific situation, you have the right to hire a cancer misdiagnosis attorney to pursue a medical malpractice lawsuit.

Types of Cancer Misdiagnosis Cases We Handle

When it comes to cancer misdiagnosis, no case is too challenging for our dedicated legal team. In addition to mesothelioma, breast cancer, lung cancer, and colon cancer cases, we handle a variety of other cancer misdiagnosis cases, including the following bellow.

Cervical Cancer

When detected in a timely manner, the five-year survival rate for cervical cancer is 91%. Diagnosing cervical cancer early is vital to ensuring that the survival rate remains high. Once the disease has spread to nearby body parts, the five-year survival rate drops to 60%.

Endometrial Cancer 

The fatality rate of endometrial cancer has been increasing by nearly 2% each year since the mid-2000s. Among those who die from the disease are women whose doctors misdiagnosed them with another gynecological condition, such as fibroids, polyps, or pelvic inflammatory disease.

Melanoma

This advanced form of skin cancer is deadly when left undetected because it grows beyond the outer layer of the skin and spreads within the body. Basal cell and squamous cell carcinomas are two other types of skin cancer that are far less severe and nearly always curable when caught early.

Ovarian Cancer

A delayed diagnosis of ovarian cancer is often fatal, as this cancer has one of the lowest five-year survival rates once it has advanced. Being misdiagnosed can dramatically slow a patient’s progress in accessing advanced medical treatment that could improve their chances of achieving a favorable outcome.

Pancreatic Cancer

The misdiagnosis rate for pancreatic cancer may be as high as 31%. This is unacceptable, especially considering that advanced pancreatic cancer has a 1% five-year survival rate.

Prostate Cancer

This is the second most common type of cancer in men. It causes approximately 30,000 deaths in the U.S. every year, many of which could have been avoided if not for a delayed or missed diagnosis.

Common Causes of Cancer Misdiagnosis

Discover the factors contributing to cancer misdiagnosis, shedding light on the challenges faced by patients and healthcare professionals.

• Misinterpretation of test results: Errors in interpreting biopsies, X-rays, and MRIs can lead to incorrect conclusions about the presence or absence of cancer.
• Delayed or improper screenings: Failure to conduct cancer screenings can result in a missed diagnosis, allowing the disease to progress undetected.
• Failure to consider medical history: Neglecting a patient's medical history, including risk factors and prior health issues, can lead to oversight and misdiagnosis.
• Inadequate communication among medical professionals: Poor communication between healthcare providers can hinder the exchange of information and potentially lead to a misdiagnosis.
• Symptom misattribution: Dismissing or attributing cancer-related symptoms to other, less serious conditions can result in delayed diagnosis and treatment.

Medical professionals have a duty to provide care in a manner consistent with their training and ethical guidelines. Patients who are misdiagnosed can experience unnecessary suffering, diminished survival prospects, and medical complications. 

When doctors fail to provide a professional standard of care and miss these crucial diagnoses, they may be held responsible for damage that results from their negligence.

Damages You Can Recover in a Cancer Malpractice Claim

In a cancer malpractice claim, you may be eligible to recover the following damages:

• Medical expenses: Compensation for past and future medical bills related to the misdiagnosis and subsequent treatment.
• Lost income: Reimbursement for wages or income lost due to the misdiagnosis, including future earning potential.
• Pain and suffering: Compensation for physical and emotional distress caused by the misdiagnosis and its consequences.
• Additional costs: Coverage for other expenses incurred as a result of the malpractice, such as rehabilitation or home care

Understanding these potential damages is crucial when seeking compensation for a cancer misdiagnosis. Our team is ready to assist you in pursuing the compensation you rightfully deserve.

Is Cancer Misdiagnosis Medical Malpractice or Negligence?

In New York, cancer misdiagnosis can be considered to be a form of medical malpractice or medical negligence, depending on the specific circumstances of the case. Both medical malpractice and negligence involve the failure of a healthcare provider to meet the standard of care expected in the medical field, resulting in harm to the patient.

Is There a Time Limit for Filing a Cancer Misdiagnosis Lawsuit in New York?

Typically, the statute of limitations for filing a cancer misdiagnosis lawsuit in New York is 2.5 years from the date of the alleged malpractice or from the end of continuous treatment by the healthcare provider responsible for the misdiagnosis. However, it's essential to consult with an attorney promptly, as specific details of your case may affect the deadline.

What Kind of Evidence Is Essential for a Successful Cancer Misdiagnosis Claim in New York?

Evidence that can help your case may include medical records, expert testimony from medical professionals, witness statements, documentation of the impact the misdiagnosis has had on your health, and any other relevant evidence that demonstrates medical negligence or malpractice.

How Long Does It Typically Take to Resolve a Cancer Misdiagnosis Case in New York?

The duration of resolving a cancer misdiagnosis case in New York can vary significantly depending on factors such as the complexity of the case, the willingness of the parties to negotiate a settlement, and the court's schedule. 

Some cases may be resolved in a matter of months, while others may take several years to reach a conclusion. Your attorney will work diligently to resolve your case as efficiently as possible while doing everything they can to improve your chances of being awarded fair compensation.

Why You Should Work with Jacob D. Fuchsberg Law Firm

Choosing the right legal representation is critical, especially in complex situations like cancer misdiagnosis cases.

At Jacob D. Fuchsberg Law Firm, we stand out for several reasons:

• ‍Experience: Our firm brings decades of experience in handling medical malpractice cases, including cancer misdiagnosis.
• Resources: We have a team of seasoned attorneys and access to medical professionals who can assess your case thoroughly and build a strong strategy.
• Client-centric approach: We provide personalized attention, support, and clear communication throughout your legal journey.
• Proven track record: We have a history of securing substantial compensation for our clients, demonstrating our commitment to achieving justice.
• Contingency-based fees: We work on a contingency basis, meaning we only get paid if we win your case.
• Compassion and advocacy: We're not just lawyers; we're dedicated advocates fighting for your rights and your future.

We understand the emotional toll of cancer misdiagnosis. When you choose Jacob D. Fuchsberg Law Firm, you're choosing experienced, compassionate, and effective legal representation for your cancer misdiagnosis case.