Failure to diagnose ovarian cancer can drastically reduce survival rates, ultimately leading to severe complications. If your medical professional missed clear warning signs of ovarian cancer and you’ve been harmed as a result, you may have a valid medical malpractice claim in accordance with New York law. Failure to diagnose cancer may constitute medical malpractice when a doctor’s delay or mistake falls below the accepted standard of medical care, ultimately worsening a patient’s condition. It’s important to understand your legal rights, the filing timeline, and how negligence is proven in order to help you strengthen your claim and right to compensation. As such, you should continue reading and reach out to an experienced New York City medical malpractice attorney from our firm today.
What Happens When a Doctor Fails to Diagnose Ovarian Cancer?
Cancer of the ovaries, when left untreated, can drastically impact a patient in New York City. As with all types of cancer, early detection is always best. When ovarian cancer goes untreated, after a period of time, it will cause the cancer to worsen and perhaps spread. This can result in a diminished quality of life, invasive procedures, and a lower survival rate. This is unacceptable, but unfortunately, it’s not entirely rare.
Key Consequences of a Delayed Ovarian Cancer Diagnosis
- Progression of the cancer to advanced stages, including Stage III or Stage IV, reduces the success rate of treatment
- Metastasis (spreading) of the cancer to nearby organs
- Increased need for more aggressive care, such as increased chemotherapy or surgeries
- Significant reduction in the survival rate when compared to early detection
- Long-term emotional and physical suffering
- Reduced quality of life
Common Causes of Failure to Diagnose Ovarian Cancer in New York City?
Failure to diagnose conditions like ovarian cancer is generally the result of preventable medical errors. As such, understanding how these mistakes happen can help you determine whether or not negligence contributed to your case.
Medical Errors That Frequently Lead to Misdiagnosis
- Ignoring or dismissing patient-reported symptoms, like pain in the pelvis, bloating, or fatigue
- Misinterpretation of diagnostic tests and imaging, such as ultrasounds, CT scans, or lab work
- Failing to order follow-up testing
- Delaying referral to a gynecologic oncologist or specialist
- Attributing symptoms to less severe conditions, like IBS or hormonal imbalances, without adequate evaluation
What Can I Do If My Doctor Failed to Diagnose Ovarian Cancer?
If your doctor delayed or misdiagnosed your ovarian cancer, you may be eligible to file a medical malpractice claim to recover compensation for the damages you have suffered.
If your doctor failed to diagnose your ovarian cancer, the first thing you should do is speak with an experienced failure-to-diagnose ovarian cancer lawyer who can assess your case and determine whether you have a viable medical malpractice claim. From here, your attorney will file your claim and work to prove that you were harmed as a direct result of your medical professional’s negligence. As long as we can prove that the physician in question fell below the medical standard of care and that you incurred significant damages as a result, you should recover financial compensation.
Steps to Take Following a Missed Diagnosis
- Seek immediate medical attention to confirm the diagnosis and begin treatment
- Obtain copies of all medical records, lab results, imaging records, and communications with your provider
- Create a comprehensive timeline of symptoms, doctor’s appointments, and communications with healthcare professionals
- Do not discuss your case with insurers before discussing your circumstances with an attorney
- Contact an experienced New York medical malpractice attorney to help you with your claim
How Do You Prove Medical Malpractice in New York?
If you are pursuing a medical malpractice claim in New York City, it’s important to understand that you must demonstrate that the medical provider deviated from the accepted standard of care that any other reasonable physician would have provided under similar circumstances. Additionally, you must show that this deviation of care directly caused your injuries.
Legal Elements of a Failure-to-Diagnose Claim
- Duty of care: An established doctor-patient relationship existed
- Breach of duty: The doctor deviated from the accepted standard of medical care
- Causation: This breach of duty directly caused injury or worsened an existing condition
- Damages: As a result of your injuries, you suffered measurable damages
Do I Need to File a Medical Malpractice Claim Within a Certain Timeframe in New York?
Yes, it’s imperative that you file within the statute of limitations for medical malpractice in accordance with New York law. The statute of limitations for medical malpractice claims in New York State is, traditionally, two and a half years, which means that if you wait any longer than this, you will most likely permanently lose your right to sue. Our legal team is prepared to assist you today and attain the justice you deserve–you just have to get in touch.
Contact Our Experienced New York City Firm
At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence at the hands of a trusted medical provider. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.