Early cancer diagnosis saves lives. Once cancer metastasizes, more aggressive treatment is necessary, and the patient’s prognosis is less promising. If a doctor fails to address the early signs of cancer, that delay can prove deadly. The five-year survival rates for many common forms of cancer are high when caught early. Metastasis causes those survival rates to plummet.
At Rheingold Giuffra Ruffo Plotkin & Hellman, we have helped numerous clients throughout New York and nationwide obtain significant monetary compensation. Since 1971, we have successfully recovered over $2 billion for our clients. We’re ready to help you seek the restitution you deserve during this difficult time.
A cancer misdiagnosis involves medical malpractice. We understand the trauma of a cancer diagnosis and its impact on our clients’ lives, and we will fight to hold those healthcare professionals responsible for your cancer misdiagnosis. Cancer misdiagnosis cases are complex and require astute legal representation with outside resources employed to build a sound case.
Our case results for the failure to diagnose cancer include:
Call us at (212) 684-1880 or contact us online today to request your free and confidential consultation.
A cancer diagnosis may involve more than simply missing the disease in its early stages. A doctor may diagnose the wrong type of cancer or mistake it for another illness, leading to unnecessary and ineffective treatment while the disease continues to invade the body. For instance, gynecological cancers are frequently misdiagnosed as other conditions, such as polyps or fibroids.
A doctor may not order the proper tests based on the patient’s symptoms, or they may misread test results. Based on the patient’s history, they could be at high risk for certain types of cancer, but the doctor does not recommend appropriate screening tests. In addition, it is not always the doctor who is at fault. The testing laboratory may have failed to identify abnormal cell activity indicating cancer.
Some patients are diagnosed with cancer when they do not have this disease. Not only do they undergo the psychological trauma of believing they have cancer and suffering the effects of treatment, but they may have some other disease that remains undiagnosed and untreated.
At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our proven New York cancer misdiagnosis attorneys have been helping people with difficult and complex medical malpractice claims for more than 40 years. We have extensive experience helping people who have suffered due to a doctor’s failure to properly diagnose and treat cancer.
In some cases, doctors fail to run tests that would detect cancer early on, giving the cancer the chance to metastasize to other parts of the body. In some cases, cancer is detected, but doctors fail to perform proper treatments such as radiation and chemotherapy, allowing the cancer to become terminal.
Our lawyers understand the keys to success in building a medical malpractice case. Not all instances of misdiagnosis are viable claims. There must be solid proof that a doctor in good standing failed to diagnose the cancer, despite there being solid evidence supporting the illness. We have access to a network of expert witnesses—including experts in medical diagnosis, oncology, and other related fields—who help us build compelling cases for our clients. They can provide solid testimony as to whether a misread mammogram or other error caused the failure to diagnose. We empathize with the hardships that you face and are prepared to help you obtain the significant financial relief you need and deserve.
Perhaps the most obvious sign of a potential cancer misdiagnosis is the worsening of symptoms after being informed you did not have cancer. Perhaps you underwent treatment with no effect. Suspect potential cancer misdiagnosis if either of these situations occurs.
The type of cancer also plays a role. For instance, the breast tissue of pre-menopausal women is denser than that of post-menopausal women. Due to this density, mammograms are more likely to miss tumors in younger women. According to the American Cancer Society, mammograms miss about one in eight breast cancers.
Colon and lung cancers are often misdiagnosed as other diseases. The former is sometimes diagnosed as diverticulitis, as both conditions involve inflammation, nausea, and abdominal pain. Symptoms of the latter are similar to that of Chronic Obstructive Pulmonary Disease (COPD), as well as that of pneumonia.
Due to the complexity of these cases, it is advisable to seek legal representation with your cancer misdiagnosis lawsuit after you receive the correct diagnosis for your condition.
For most medical malpractice cases in New York, the stature of limitations is two and a half years. Lavern’s Law extends the period in which one can file a cancer misdiagnosis claim, which is seven years since the negligent misdiagnosis.
An alternative statute of limitations for filing a cancer misdiagnosis lawsuit is the last treatment date after a continual course of treatment for which you were initially misdiagnosed, whichever is later.
To prevail in a cancer misdiagnosis lawsuit, the plaintiff must prove that a doctor-patient relationship existed. The plaintiff must also show that the cancer misdiagnosis was due to medical negligence and that this negligence resulted in harm to the plaintiff, incurring specific damages. Our experienced attorneys can assess your case confidentially at no cost by calling (212) 684-1880 or by completing a contact form.
Compensation, or damages, in a cancer misdiagnosis lawsuit may include:
Our lawyers understand the keys to success in building a medical malpractice case. We have access to a network of expert witnesses—including experts in medical diagnosis, oncology, and other related fields—who help us build compelling cases for our clients. We empathize with your hardships and are prepared to help you obtain the significant financial relief you need and deserve.
Partner Thomas Giuffra’s innovative approach, thorough preparation, and trial advocacy skill have led to 20 verdicts and numerous settlements in excess of one million dollars on behalf of his clients, including a recent landmark verdict for $58 Million. Tom is one of the youngest trial lawyers in New York to amass such a successful record at trial.
Partner Edward A. Ruffo has obtained many medical malpractice awards of $1 million and up for clients. After focusing on product liability litigation, he added medical malpractice. He recalls, “The time came when our practice started to take on many substantial matters of medical malpractice. I volunteered to handle those cases and had to learn how to read a medical record on a case-by-case basis. This was before Google, so all I had was a medical dictionary. Over time, I was able to understand the records, in some cases better than the doctors involved in the case.”
Filing a lawsuit for a cancer misdiagnosis lawsuit in New York involves several key steps. This legal process is designed to hold the responsible medical professionals or institutions accountable for any harm caused by the misdiagnosis. Before filing, it’s crucial to consult with an experienced medical malpractice attorney to evaluate whether you have a viable claim. We will review your medical records, gather necessary documents, and help determine if the misdiagnosis meets the legal standard of medical malpractice.
The next step is an investigation and expert review. This involves gathering medical records and consulting with medical experts to establish whether the cancer misdiagnosis was due to negligence. In New York, a “Certificate of Merit” must be filed, indicating that an expert has reviewed the case and believes there is a valid claim for medical malpractice.
Your lawyer will then submit a complaint to the appropriate New York court. The complaint outlines the key facts of the case, including the cancer misdiagnosis, how it occurred, the harm caused to the plaintiff, and the legal basis for holding the medical provider or hospital responsible. It will also detail the damages sought, such as medical costs, pain and suffering, and lost wages.
After the complaint is filed, a summons is issued and served to the defendant (the medical professional or institution responsible for the misdiagnosis). It informs them that they are being sued and must respond within a specific period, typically 20 to 30 days, depending on how and where they were served.
The defendant will file an answer to the complaint, either admitting or denying the allegations. At this stage, they may also file motions to dismiss or counterclaims.
The discovery phase is a critical part of the lawsuit, where both parties gather evidence to support their case, which includes the following:
Before trial, the parties may attempt to resolve the case through mediation or settlement negotiations. Mediation is a process where a neutral mediator facilitates discussions between both sides to help reach a settlement without going to trial. Many cancer misdiagnosis cases settle at this stage if both sides agree on a fair amount of compensation.
If mediation or settlement negotiations fail to reach a conclusion, the case proceeds to trial. Both parties will present their evidence at trial, call witnesses, and argue their case before a judge or jury. The plaintiff must prove that the medical professional’s negligence in misdiagnosing the cancer caused harm. The jury or judge will then decide whether the defendant is liable and, if so, determine the amount of damages to be awarded to the plaintiff.
This is why skilled and experienced legal counsel is essential. They increase your chances of a successful case and serve as a compassionate guide throughout each step of the process.
The plaintiff can appeal the court’s decision in a cancer misdiagnosis lawsuit if there are valid legal grounds to do so. If the court rules in favor of the defendant or awards insufficient damages, the plaintiff can file an appeal to a higher court.
However, an appeal is not a retrial of the case; instead, it challenges specific legal errors that may have occurred during the trial. Common grounds include errors in law, errors in procedure, such as improper jury instructions, insufficient evidence, or improper rulings, e.g., motions to dismiss that negatively affected the plaintiff’s case.
The plaintiff must file a notice of appeal within a specific time frame, typically 30 days from the date of the court’s final decision.
If the plaintiff in a cancer misdiagnosis or medical malpractice case dies, their family can file a wrongful death lawsuit in New York. The wrongful death action is meant to seek compensation for the family’s financial losses and the impact of the deceased’s death caused by the defendant’s negligence. However, there are specific rules regarding who can file.
In New York, only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of the surviving family members. The court typically appoints this representative, who is often a close family member, such as a spouse, parent, or adult child. The personal representative files the claim for the benefit of eligible beneficiaries, which may include the surviving spouse, children, parents, and other dependents.
In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. If the personal representative fails to file within this time frame, the claim may be barred.
When you choose our firm, you will receive the experience of a large, renowned firm and the care and compassion that can only come from a dedicated team that genuinely cares about you and your recovery. We will work closely with you throughout the process, offering personalized guidance and attentive counsel every step of the way.
If you or a loved one are the victim of a cancer misdiagnosis, you need the services of an experienced New York medical malpractice lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman. Schedule a free, no-obligation consultation today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation.
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