Understanding Damages in a New York Cancer Misdiagnosis Case: Kingston Medical Malpractice Lawyer

Damages in a New York Cancer Misdiagnosis Cases: Kingston Medical Malpractice Lawyer Explains

Determining damages in a New York cancer misdiagnosis, failure to diagnose, or missed diagnosis case is very difficult to do.  This is because the diagnosis of cancer brings with it many uncertainties.  Notably the fact that, even if the cancer was timely diagnosed, it is very likely that a patient will still need to undergo an array of treatment such as radiation, chemotherapy, and surgery, amongst other possible treatments.  Given the speculative nature of whether a cancer misdiagnosis results in worse treatment or added damages makes it harder to assess what compensation a victim is owed.  Our Kingston medical malpractice lawyer explains what damages in a cancer misdiagnosis case may be under certain circumstances.

Initially, the need for more thorough treatment is an easy assessment of damages.  For instance, if cancer was misdiagnosed three years ago by missed imaging studies when it appeared to be in stage 1, and now when it is diagnosed it is determined to be in stage 3 or 4, this is an easy damages case to determine.  The treatment and chemo for treating stage 1 cancer is significantly different than 3 or 4, if either late stage could be cured.

But a lesser known type of damages is a really unknown risk that is associated with later stages of cancer.  That is, the longer that cancer is able to fester inside of the body, the more likely that—even if successfully treated now—the cancer will come back.  Not only will it come back, but it is very likely that the cancer will come back much stronger and more dangerous.  Meaning that it is more likely to be fatal or likely to be fatal.  For instance, if treated at stage 1, the cancer may only have a 15% cancer of reoccurrence with a 20% risk of being fatal.  However, if the cancer was misdiagnosed and grew to stage 3 or 4, that cancer may now have a 60% chance of reoccurrence with a 70% risk of being fatal.  

This is a significant type of damage in a New York cancer misdiagnosis case which many people—and many lawyers which do not normally handle medical malpractice or handle complicated medical malpractice cases—may not be aware of.  This means that you may be leaving compensation on the table to right the wrongs against you, including leaving money to pay for your medical bills, future treatment, lost wages, lost earnings, and the obvious pain and suffering (both physically and emotionally).  This is why you need to contact an experienced Kingston medical malpractice lawyer to represent you.

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.