Failure to Diagnose Cancer

Medical malpractice can occur in many ways. A surgeon may make a mistake on the operating table. An obstetrician may be negligent in the delivery of a baby. Some of the most devastating types of medical malpractice, however, relate to missing a cancer diagnosis. The results of an act of medical negligence can be devastating to both the patient and his or her family, yet far too many doctors deny their responsibility in causing harm to the patient. If you or a loved one has been a victim of a failure to diagnose cancer, Rockland County cancer misdiagnosis lawyer Valerie J. Crown will be glad to discuss your situation and help you move forward with an appropriate claim.

New York law puts the burden of proof on the plaintiff (the injured person or a deceased victim’s family or estate) in a medical malpractice case. Traditionally, negligence lawsuits require proof of four elements: duty, breach of duty, causation, and damages. In professional negligence cases like misdiagnosis lawsuits, an expert witness is usually required in order to explain complex issues to the jury and to give an opinion as to how the applicable standard of care was violated. Simply proving that the doctor or other health care provider made a mistake is not enough. The plaintiff must prove that the defendant violated the accepted standard of care. The term “standard of care” can mean different things in different cases, and not every provider is expected to abide by the same standards. For example, a family doctor in a small community might not be held to the same level of care expected of a specialist at a major hospital. A cancer misdiagnosis attorney in Rockland County can help you retain an appropriate witness to support your claim.

One of the most important things to know about medical malpractice cases – or, for that matter, any case involving personal injury or wrongful death – is that claims must be filed within a certain time period, or the plaintiff will be deemed to have forfeited his or her legal right to pursue compensation. New York law is a bit unusual in this regard. Typically, statutes of limitations are measured in years – such as one year, two years, three years, and so on. In New York, however, the general statute of limitations for medical malpractice cases is two years and six months (unless the victim dies). Time is usually measured from the act, omission, or failure believed to be medical negligence. Thus, for example, if an act of medical malpractice happened on February 1 of a certain year, a Rockland County cancer misdiagnosis attorney would need to bring a claim by August 1 two years later.

However, there are special rules that apply to certain situations. The statute of limitations period may be different if the victim suffered from a serious mental illness, for example. Continuous treatment with the defendant doctor may toll (pause) the statute of limitations in some cases. In the case of a cancer misdiagnosis, the statute of limitations now begins to run once the victim learns of the misdiagnosis or should have learned of the misdiagnosis. The law changed on January 31, 2018 with respect to the discovery of a misdiagnosis of cancer, which is why it is so important to consult with a misdiagnosis attorney such as Valerie Crown. Also, wrongful death cases must be filed within two years of the patient’s death.

Suffering from a serious illness like cancer is difficult enough. If a doctor or other medical provider failed to diagnose a patient’s illness correctly, it can severely exacerbate the patient’s situation both physically and emotionally. At the Law Firm of Valerie J. Crown, we help Greater New York medical malpractice victims seek payment for medical expenses, lost wages, pain and suffering, and other losses caused by a doctor’s negligence. For a free consultation, call us at 845.708.5900 or contact us online. You can also call Valerie’s cell phone at 845.598.8253. We also handle emergency room negligence cases, as well as claims based on other types of medical malpractice.