(845) 303-1000A missed or delayed cancer diagnosis can affect treatment options and outcomes for you or a loved one. When a provider fails to identify signs of malignancy that should have been recognized under accepted medical standards, an Albany cancer misdiagnosis lawyer from our firm could review whether the error supports a medical malpractice claim.
Our dedicated misdiagnosis attorneys could compare symptoms, imaging, pathology findings, referrals, and follow-up care against what a reasonably careful provider should have done. We could provide legal guidance to help you determine whether negligence, rather than disease progression alone, affected the available treatment. Contact The New York Injury & Malpractice Law Firm today to schedule your initial consultation.
When is a Missed Cancer Diagnosis Malpractice?
A missed cancer diagnosis does not automatically establish malpractice. Our analysis centers on whether the provider’s care fell below accepted medical standards and whether that failure contributed to further injury. We may assess whether the provider responded appropriately to reported symptoms, abnormal test results, or other findings that should have prompted further evaluation. If your or your loved one’s cancer went undiagnosed during treatment in Albany, our attorneys could review those decisions based on the standard of care applicable at the time.
Causation is a separate part of the claim. You generally must prove more than the existence of a diagnostic error and show that the delay affected the course of the illness or the necessary care. We could help you determine whether an earlier diagnosis would have allowed different treatment, reduced the extent of treatment, or otherwise changed the medical outcome.
Medical Records and Expert Review in Cancer Misdiagnosis Cases
We construct cancer misdiagnosis cases around the sequence of medical decisions leading to the discovery. Our lawyers could evaluate cancer diagnosis errors made by an Albany medical team by reviewing what information was available to each provider and when. This may include examining:
- Office notes
- Imaging studies
- Pathology reports
- Test results
- Referral records
Communications between physicians and records documenting recommendations for additional testing may also clarify the point at which the diagnostic process failed.
This evidence can also be a factor before we file a lawsuit. Under New York Civil Practice Law and Rules § 3012-a, the complaint in a medical malpractice action generally must be accompanied by an attorney’s certificate stating that they reviewed the facts and consulted with a physician believed to be knowledgeable about the relevant issues, subject to statutory exceptions. A focused review of the medical record helps us determine whether there is a reasonable basis to proceed with your claim.
Filing Deadlines for Cancer Misdiagnosis Lawsuits
State law applies a specific limitations rule to claims alleging a negligent failure to diagnose cancer or a malignant tumor. Under N. Y. Civ. Prac. Law and Rules § 214-a, such a claim may be commenced within two years and six months of either when you knew or reasonably should have known of the alleged careless act or omission and resulting injury, or the end of qualifying continuous treatment. The statute also requires you to file the action no later than seven years after the alleged malpractice.
Determining the relevant date requires careful attention to how and when the diagnostic error became apparent. If you or a loved one was harmed by a cancer misdiagnosis in Albany, our lawyers could review the relevant dates and determine how the statutory rules apply to the circumstances. As the discovery provision has specific conditions, the date of the detection of malignancy alone does not necessarily establish the filing deadline.
Reach Out to Our Attorneys After a Cancer Misdiagnosis in Albany
Protecting your rights begins with determining whether a late detection of carcinoma caused additional harm. If the facts support your claim, an Albany cancer misdiagnosis lawyer from our firm could explain the next steps in the legal process.
If you or a loved one believes a cancer diagnosis was missed or delayed, contact our team at The New York Injury & Malpractice Law Firm, P.C. today. We specialize in medical negligence and could explain the legal options that may be available.