If you are someone who smokes or if you have noticed anything out of the ordinary, you likely have turned to a medical professional. Unfortunately, there are far too many cases where doctors have failed to diagnose lung cancer. If this has happened to you, this may have caused your cancer to worsen or spread. For this reason, you are likely looking to recover financial compensation to cover the cost of medical treatments, bills, and other damages associated with your doctor’s failure to diagnose. Reach out to our experienced New York City medical malpractice attorney for assistance recovering your damages. Continue reading to learn more about filing a medical malpractice claim. Here are some questions you may have regarding the process:
Can I Sue a New York City Doctor for Failing to Diagnose Lung Cancer?
You can take legal action against your doctor for failing to diagnose lung cancer. However, you will need the assistance of an experienced medical malpractice attorney in your corner. Your attorney will be able to prove several factors to support your claim to recover the compensation you deserve.
Your attorney will have to demonstrate that you were the doctor’s patient and that they owed you a duty of care. They will next prove that the doctor failed to keep up this duty of care and has harmed you by failing to diagnose your cancer, which has caused you significant damages as a result.
What You Must Typically Prove in a Lung Cancer Misdiagnosis Lawsuit
- A duty of care existed, and a doctor-patient relationship existed
- The doctor failed to act as a reasonably competent physician would under similar circumstances
- The provider failed to:
- Recognize symptoms
- Order appropriate testing
- Interpret imaging correctly
- Refer you to a specialist
- The delayed diagnosis caused:
- The cancer to spread
- Reduced chances of survival
- More invasive and intensive treatment
- Additional pain and suffering
- Increased medical expenses
- You suffered measurable harm as a result
Why Is Early Lung Cancer Diagnosis So Important?
When left undiagnosed and subsequently untreated, lung cancer can grow considerably more dangerous. When diagnosed promptly, treatment options and survival rates increase, and the need for aggressive treatment decreases. Delayed diagnoses can result in the cancer spreading to other body parts, making treatment substantially more difficult.
Potential Consequences of a Delayed Lung Cancer Diagnosis
- Progression or metastasis of the cancer
- Reduced rate of survival
- More aggressive, invasive surgeries
- Chronic pain
- Wrongful death, in severe cases
- Loss of income
- Emotional trauma
- Permanent damage to the lungs
- Chemotherapy or radiation that may have been otherwise avoidable
Common Symptoms Doctors Should Investigate?
Doctors may be expected to investigate symptoms, including:
- Persistent coughing
- Fatigue
- Hoarseness
- Shortness of breath
- Wheeling
- Coughing up blood
- Chest pain
What Mistakes Can Lead to a Failure to Diagnose Lung Cancer?
Claims based on failure-to-diagnose typically involve circumstances in which the provider overlooks symptoms, fails to order necessary testing, or misinterprets the results of diagnostic testing.
Common Medical Errors in Lung Cancer Misdiagnosis Cases
- Failure to order CT scans or chest X-rays
- Misreading the result of testing
- Ignoring abnormal test results
- Misdiagnosing lung cancer as COPD, asthma, bronchitis, or pneumonia
- Failure to refer a patient to a specialist, like an oncologist or a pulmonary specialist
- Ignoring risk factors
- Dismissing persistent symptoms
Risk Factors Doctors Are Expected to Consider
- Smoking history
- Exposure to secondhand smoke
- Exposure to carcinogens in the workplace, including asbestos, radon, or diesel exhaust
How Long Will I Have to Sue a Doctor for Medical Malpractice in New York State?
The statute of limitations for personal injury claims in New York State is generally three years. However, when it comes to medical malpractice claims, the statute of limitations is generally two and a half years. This means that you will have two and a half years to file your claim after your doctor has failed to diagnose your cancer. It’s important to understand, however, that under New York law, certain tolling exceptions may apply.
Waiting any longer than two and a half years will most likely result in you being permanently barred from suing, regardless of the severity of your injuries.
Why Timing Is Especially Important in Failure-to-Discharge Cancer
- Medical evidence can become more difficult over time
- Witness memories may fade
- Records, including imaging test results, may be more difficult to access
- The progression of the cancer may make it more difficult to determine the causation
What Compensation May Be Available in Lung Cancer Misdiagnosis Lawsuits?
Patients who suffer as the result of a delayed cancer diagnosis or cancer diagnosis, may be entitled to compensation. This can include both economic and non-economic damages as a result of the negligence they have suffered.
Potential Recoverable Damages
- Medical expenses, including expected future care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation
- Loss of enjoyment of life
- Wrongful death
Contact Our Experienced New York City Medical Malpractice Firm
If you believe your medical provider has failed to diagnose your lung cancer, it’s important to understand your legal options. As such, it’s in your best interest to connect with an experienced attorney with Mark L. Bodner, P.C. When you need representation, our firm is here. Contact us today to learn more about how we can assist you.