(845) 802-0047While there is no definitive cure for cancer, accurate diagnosis in the early stages may increase a patient’s chance of survival. Even though it is not always possible for even the most experienced physicians to identify certain types of cancer before patients show symptoms, there is a standard of care all oncologists and doctors are held to.
If you believe that you were a victim to a physician’s medical negligence resulting in a failure to diagnose cancer, speak with a Kingston delayed cancer diagnosis lawyer today to discuss your legal options. A skilled cancer malpractice attorney could evaluate your case and work tirelessly to help ensure that you obtain the full measure of damages you may be entitled to.
Types of Cancer Common Misdiagnosed by Kingston Physicians
There is a standard level of vigilance expected of physicians, especially when dealing with patients who have a family history of cancer. When medical professionals fail to diagnose or misdiagnose cancer that their capable peers would reasonably be expected to properly diagnose, harming or killing a patient, they have breached their duty of care. This breached duty could mean victims are eligible for compensation.
While it may be very difficult to diagnose cancer in many cases, some major signs should lead a reasonable professional to order additional tests. Therefore, when doctors do not follow through to investigate those symptoms or fail to refer a patient to a necessary specialist, they could be legally responsible for any resulting damages. Physicians are expected to be able to identify the most common types of cancer in their early stages, such as:
- Lung cancer
- Skin cancer
- Colon cancer
- Breast cancer
- Prostate cancer
- Pancreatic cancer
How Can Tests Play a Part in Misdiagnosis?
After the signs and symptoms of cancer have been correctly identified, healthcare professionals must be able to conduct and interpret tests and other forms of diagnostics with a high level of competency. If MRIs, CT scans, x-rays, PAP smears, and other diagnostic tools are administered or read improperly, a patient’s life could be at serious risk. A Kingston delayed cancer diagnosis attorney could carefully investigate the patient’s claim to identify all potentially liable parties.
Recoverable Compensation in Kingston Delayed Cancer Diagnosis Cases
A skilled Kingston lawyer could help victims of delayed cancer diagnoses recover a variety of damages. The injured party might be entitled to monetary recompense for medical bills, lost wages, and pain and suffering. If the failure to diagnose resulted in the wrongful death of a loved one, the surviving family may be entitled to further compensation.
What is the Time Limit to File a Delayed Cancer Diagnosis Case?
In most cases, delayed cancer diagnosis victims have two years and six months to file a claim for damages from the time they knew or should have known of their injury. Lawsuits must be commenced no later than seven years following the alleged malpractice if the delayed cancer diagnosis victim wishes to pursue financial recovery.
However, under the Continuous Treatment Doctrine outlined in New York Civil Practice Law & Rules § 214-A, the 30-month clock does not begin to tick while the individual receives ongoing treatment for an injury or illness.
Contact a Kingston Delayed Cancer Diagnosis Attorney for Guidance
If you are concerned that you or a loved one has been the victim of a physician’s failure to diagnose cancer, please contact a Kingston delayed cancer diagnosis lawyer today. A dedicated attorney could explain the legal options available to you and protect your rights. Call now to see what could be possible for your case.