Damages in Failing to Diagnose Cancer: New York Medical Malpractice

Cancer Misdiagnosis

Damages in New York Medical Malpractice Cases: Examining Failing to Diagnose Cancer Cases

Failing to diagnose cancer is one of the most serious types of New York medical malpractice which can lead to very serious and harmful damages that a victim may endure.  These damages range from significant pain and suffering, lost wages, lost earnings, and possibly wrongful death.  High medical bills and horrible pain are common in cancer misdiagnosis cases caused by New York medical malpractice.  But even if a patient had cancer which the doctors could not have caused, how can damages be measured in cancer misdiagnosis cases when the patient does not die but survives?

Understanding Damages

The first step to answering this question is understanding damages.  There are many different types of “damages” in a lawsuit.  Damages can range from specific performance (i.e., repossess the car, take the valuable painting that was not paid for, etc.), to compensatory (i.e., compensate a victim for loses to make them whole again as if the error/mistake did not occur), expectancy (i.e., what the party harmed would have expected to receive), injunctive (i.e., command someone to do something, or not do something), or many other forms including punitive.  With a New York medical malpractice case, the form of damages is usually going to be compensatory which is usually done through monetary.

Damages in Failing to Diagnose Cancer

When a healthcare provided fails to diagnose cancer, the damages of wrongful death can be evident but tricky because a victim’s family will need to proof that, but for the doctor’s negligence, the patient could have survived this horrible disease.  That can be difficult.

And it may appear that, when a patient survives cancer despite the misdiagnosis, that the patient has no damages that he or she would not have already ensured.


Wrong!  Most cancer misdiagnosis cases where the patient survives still have significant damages because the likelihood of cancer coming back out of remission can be very high.  And it can also be more likely to be fatal.  This increased likelihood of the cancer coming back combined with its deadlier propensity can be a serious type of damages that, if proven with a medical expert, could result in significant compensatory damages for a patient.  These money damages can be used to help fight if the cancer comes back, as well as pay for more expensive and stronger treatments which may not be covered by insurance.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.