A cancer diagnosis is likely to be devastating news for you and your family. Realizing that your doctor may have missed the signs of the malignancy and cost you valuable time in starting treatment could make the situation even worse. In these circumstances, you may want to seek out an Albany cancer malpractice lawyer for help.

Advances in medicine have made many types of cancers more treatable and have given patients a far better outlook. Delays in treatment, however, could result in the need for more invasive and extended courses of treatment. A skilled medical malpractice attorney may be able to assist you to seek compensation from the responsible party.

Understanding Cancer Malpractice

Misdiagnoses could significantly delay cancer treatment which could cause negative outcomes. An injured individual may be able to file a claim if their physicians or other healthcare professionals could be considered negligent if they:

  • Fail to adequately screen patients for illness
  • Dismiss the patient symptoms
  • Administering the wrong treatment
  • Inadequate testing
  • Failure to give preventative
  • Misread test results

When cancer malpractice occurs, more invasive treatment may become necessary. The patient prognosis may become less positive and in some extreme cases, their cancer may become untreatable altogether. Cancer malpractice may commonly occur with respect to breast cancer, colon cancer, skin cancer, ovarian cancer, throat cancer, and cervical cancer, among others.

Negligence in Cancer Treatment

Medical malpractice claims arise due to the negligence of the doctors or other health care professionals. Negligence is based on the premise that individuals should act, based on the circumstances, in a way that is in accordance with reasonably acceptable standards of behavior for medical professionals.

When the actions of a physician fall below the level of care that is generally accepted in the medical community, the doctor is considered to have breached the duty of care. To prove the breach occurred, medical experts could testify under oath that they would have acted differently under the same circumstances. With this testimony, the plaintiff’s attorney may be able to establish a breach of the duty of care.

A dedicated cancer malpractice attorney in Albany could offer assistance to individuals if they are unsure if their physician failed to diagnose their condition or acted negligently.

Deadlines for Filing Cancer Malpractice Claims

Each state has established different deadlines for filing medical malpractice and personal injury claims. These deadlines are generally referred to as statutes of limitations. Pursuant to New York Consolidated Laws § 214-A, injured individuals have two years and six months from the date of their injuries.

Failure to bring claims within this timeframe could prevent the injured individual to recoup compensation. However, there are some exceptions to this general rule when the malpractice claim is based upon the failure to diagnose cancer or a malignant tumor. In this case, patients may bring suit within two years and six months of the later of the following:

  • The date in which patients knew or reasonably should have known of the alleged negligence and injuries
  • The date of the last treatment during a course of continuous treatment for a medical condition

In this situation, patients may not bring a cancer malpractice suit any more than seven years following the alleged negligent action or inaction of the doctor. A dedicated Albany cancer malpractice lawyer could help a patient file a claim within the statute of limitations.

Consult an Albany Cancer Malpractice Attorney

Being diagnosed with cancer could cause you and your family emotional and financial stress. The knowledge that your physician missed the signs and symptoms of your medical condition could make a bad situation even worse.

If you or a loved one has suffered injuries due to the bad judgment of a physician, you may need to consult an Albany cancer malpractice lawyer for advice. A cancer malpractice claim may allow you to hold medical professionals responsible for causing your injuries. Hold doctors accountable for their negligent actions by seeking legal assistance today.