Compensation for Misdiagnosis of Cancer

Legal Basis for Misdiagnosis of Cancer Compensation Claims  

Filing a cancer misdiagnosis lawsuit requires that the plaintiff (patient) and their attorney demonstrate the following four elements to prove negligence:  

• The existence of a doctor-patient relationship. 

• The provider was negligent in their diagnosis or treatment, which deviated from a generally accepted standard of care. 

• This negligence directly resulted in harm to the patient. 

• The harm to the patient can be quantified. 

The stronger these elements, the better your ability to be reasonably and fairly compensated. Patients must often support their claims with comprehensive medical reports, independent medical evaluations, and testimony from medical experts to help substantiate the claim.  

Types of Damages You May Be Able to Recover 

Compensation for misdiagnosis of cancer include economic damages, which cover measurable financial losses directly related to the misdiagnosis and may be comprised of:  

• Medical Expenses: Reimbursement for past and future medical costs, including surgeries, chemotherapy, radiation, and ongoing treatments required due to the delayed or missed diagnosis. 

• Rehabilitation Costs: Coverage for physical therapy or other rehabilitative services needed because of the misdiagnosis. 

• Lost Wages and Future Lost Wages: Compensation for income lost due to inability to work during treatment and recovery, as well as any future income loss if the patient’s ability to work is affected long-term.  

Non-economic damages address the emotional and psychological impact of the misdiagnosis and may include the following: 

• Pain and Suffering: Compensation for the physical and psychological pain from the misdiagnosis.  

• Emotional Distress: Recognition of the psychological and emotional impact of a cancer misdiagnosis, such as anxiety, depression, and distress, and its effects on the patient’s life.  

• Loss of Quality of Life: This recognizes the effects of financial difficulties and mental and physical challenges that can hamper anything from participating in hobbies and social activities to working. 

Understanding Compensation for Cancer Misdiagnosis 

Compensation in cancer misdiagnosis cases varies widely based on the specifics of each case. Typically, we have seen settlements range from several hundred thousand dollars to over $1 million, reflecting the severity of the medical error and its impact on the patient’s life. Each case is unique and requires professional legal review to understand the strength and potential value of the claim. 

 Here are examples of our case results: 

• $4,194,000: Verdict for failure to diagnose lung cancer. 

• $2,500,000: Settlement for cancer misdiagnosis. 

• $2,500,000: Settlement for wrongful death due to failure to diagnose breast cancer. 

• $1,600,000: Settlement for failure to diagnose lung cancer. 

• $1,175,000: Settlement for the estate of an elderly man who died from untimely diagnosed prostate cancer. 

In New York, there is no cap on the amount of compensation that can be awarded in medical malpractice cases. This allows for larger settlements, particularly in cases where the misdiagnosis has led to significant suffering or death.  

How the Medical Malpractice Lawyers at Rheingold Can Help 

A partner of Rheingold Giuffra Ruffo Plotkin & Hellman LLP, Thomas P. Guiffra specializes in the litigation and trial of significant medical malpractice and personal injury actions. He earned his reputation as a trial lawyer early in his career when he obtained his first million-dollar verdict only four years after graduating from law school. His successes as a leading trial lawyer have continued through a combination of hard work, dedication to his clients, and outstanding skills as an advocate. 

In addition, 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 hire medical and financial experts to testify about the causes and the short- and long-term costs of treatment and care.  

Schedule a Free Consultation 

If you or a loved one is struggling with the devastating effects of a cancer misdiagnosis, we can help. Contact Rheingold Giuffra Ruffo Plotkin & Hellman to schedule a free, no-obligation consultation with an experienced New York medical malpractice lawyer. While based in New York, our firm handles cases nationwide, offering quality legal support. Since we work on a contingency fee basis, you will not owe us any attorney’s fees unless we win compensation for your injuries.