New York City Cancer Misdiagnosis Attorney
Failure to Diagnose & Misdiagnosis of Cancer
Diagnostic errors are among the most common examples of medical malpractice and negligence. Failure to diagnose, delayed diagnosis, or misdiagnosis of serious medical conditions, including cancer, can have devastating and even deadly effects.
At Rubenstein & Rynecki, we believe that negligent medical providers should be held accountable when their mistakes and misconduct cause serious harm. Our New York City cancer misdiagnosis attorneys are ready to fight for you. If you believe that you or your loved one suffered due to negligence or errors in the diagnosis and/or treatment of cancer, turn to our award-winning team for the compassionate and aggressive legal representation you need. From our office in Brooklyn, we serve clients throughout NYC’s five boroughs, including Manhattan, Queens, the Bronx, and Staten Island.
On This Page:
- Complications & Risks Associated with Cancer Misdiagnosis
- Holding Negligent Oncologists & Other Medical Providers Accountable
- Damages in Cancer Misdiagnosis Cases
- Call Us Now to Learn More
Complications & Risks Associated with Cancer Misdiagnosis
Diagnosis errors can be extremely dangerous, especially when it comes to cancer. Certain types of cancer—such as breast cancer or testicular cancer—may be treatable if caught early, so the timing and accuracy of a diagnosis is important.
Unfortunately, when oncologists and other medical professionals fail to properly diagnose cancer, it can lead to:
- The cancer progressing to a more advanced stage
- Delayed treatment or failure to treat the cancer
- A patient receiving the wrong type of treatment
- A patient requiring more aggressive treatment
- A patient receiving unnecessary treatment
- Inability to treat the cancer due to advanced stage
- Mental and emotional distress and trauma
The ability to properly treat cancer often depends on diagnosing it in its early stages. If doctors fail to diagnose cancer in a patient in a timely manner or at all, it could constitute medical malpractice, depending on the circumstances.
The same is true if a patient is incorrectly diagnosed with cancer when, in fact, he or she has a different medical condition altogether. An incorrect diagnosis can be extremely disruptive in the patient’s life, as it can lead to unnecessary treatment, missed work, and significant emotional distress. Patients who are misdiagnosed may develop a distrust of doctors and other healthcare providers, which can cause additional hardship in their lives.
Holding Negligent Oncologists & Other Medical Providers Accountable
Doctors and other healthcare providers have an implied duty of care to provide a level of treatment consistent with what would be expected of a reasonably competent medical professional with the same level of education and training. When that duty of care is breached, the doctor, oncologist, or other medical professional could be held legally liable for the patient’s resulting injuries and damages.
For plaintiffs to be successful in a malpractice claim related to a failure to diagnose, they must be able to prove three elements:
- The plaintiff had a doctor-patient relationship with the physician in question at the time the alleged diagnosis error occurred
- The error the physician committed was the result of negligence
- The plaintiff suffered some type of damage due to this negligence
Proving that the error was in fact caused by a doctor’s negligence is often the most challenging aspect of a misdiagnosis case. Doctors typically list all possible medical conditions patients could be suffering from based on their symptoms and then conduct tests to rule out some of these possibilities until they can reach a definitive conclusion. However, a physician could, for example, be negligent if he or she failed to properly conduct or order a test, or if there was a failure to recognize the urgency of a specific medical problem.
We strongly recommend that you reach out to one of our New York City cancer misdiagnosis attorneys at Rubenstein & Rynecki if you believe you or your loved one suffered because of a medical provider’s mistake or misconduct. These are highly complex cases, but an attorney at our firm can help you understand your legal rights and options.
Damages in Cancer Misdiagnosis Cases
A cancer misdiagnosis can lead to numerous damages, both economic and non-economic. In New York, neither economic nor non-economic medical malpractice damages are capped, meaning you are not limited in the amount you may recover in a medical malpractice lawsuit.
At Rubenstein & Rynecki, we fight for maximum compensation for our clients’ damages, including but not limited to:
- Costs associated with necessary and reasonable medical care
- Future medical expenses
- Medications and medical equipment/devices
- Lost income, wages, and other employment benefits
- Future lost earnings and income
- Disability/lost earning capacity due to severe injury
- Pain and suffering
- Post-traumatic stress disorder (PTSD), anxiety, depression, etc.
- Counseling and/or therapy
Our team is ready to fight for you and the fair recovery you are owed. We understand how to navigate these extremely challenging cases and are prepared to advocate for you every step of the way.
Call Us Now to Learn More
It can be incredibly difficult to heal and move forward after a misdiagnosis or after losing a loved one due to a trusted medical provider’s negligence. At Rubenstein & Rynecki, we fight for justice for our clients so that they can get back on their feet and hold negligent doctors, oncologists, nurses, and hospitals accountable. Our attorneys have been representing injured individuals and the families of those wrongfully killed since 1972 and have successfully secured hundreds of millions of dollars in compensation, including some of the most notable settlements and verdicts in New York.