Cancer may be treatable if it is caught at an early stage. Errors such as a missed or delayed diagnosis of cancer, however, can lead to complications and an inability to treat the disease. If you or a loved one has been harmed by the carelessness of a doctor or medical professional, you could file a lawsuit against them for your injuries and losses. The Long Island cancer malpractice lawyers at Silberstein, Awad & Miklos, P.C. have 28 years of experience negotiating and litigating cases for victims of medical malpractice. Our success includes a $3.9 million verdict for the failure to properly interpret results and order a tumor marker test, causing extra rounds of chemotherapy and a decreased chance of survival.

We attribute our success to the trust of our clients. By allowing us to develop a personalized legal strategy, work with our team medical professionals to build the medical foundation of their claim, and move their case through the legal process to settlement negotiations or trial, we are able to achieve a successful outcome for others. Contact a skilled medical malpractice attorney who could help you understand your legal rights and pursue a compensation award that adequately covers your injuries and losses.

Common Types of Cancer Malpractice

Cases in which doctors failed to properly treat or diagnose cancer can result from many different types of situations. Some of these cases may involve:

  • Colon cancer
  • Breast cancer
  • Skin cancer and melanoma
  • Cervical cancer
  • Lung and bronchial cancer
  • Leukemia
  • Mesothelioma
  • Appendix cancer
  • Prostate cancer
  • Non-Hodgkin’s lymphoma
  • Liver and intrahepatic bile duct cancer

Any of these types of cancer, in addition to others type of cancer, may be the basis of a medical malpractice case. An adept Long Island cancer malpractice lawyer could advocate on an injured person’s behalf and work to hold a careless physician accountable. When doctors make mistakes, many of these types of cancer can progress in severity, making them more difficult to treat or even untreatable. Instances of medical malpractice include:

  • Unreasonable and unnecessary delays in treatment
  • Diagnosing cancer as another disease entirely
  • Failing to order diagnostic tests or follow-up tests
  • Misinterpreting test results
  • Reconstructing breasts of other body parts incorrectly
  • Using unnecessary treatments
  • Incorrectly combining treatments

Some cancers spread rapidly, so when weeks and months go by without proper treatment, cancer may grow unchecked. This can result in severe or fatal cancer for patients who consulted with a doctor in advance of their cancer’s progression. In these situations, individuals or family members of a deceased patient should strongly consider calling a cancer malpractice attorney in Long Island for advice.

Establishing Medical Negligence

Most cancer malpractice cases are based on the laws of negligence. To prove negligence, individuals must show that the doctors or medical providers failed to provide medical care according to the accepted standards of their profession. Proving the existence of negligence requires evidence in support of four elements:

  • The existence of a doctor or provider-patient relationship, which establishes their duty to provide a certain standard of medical care to the patient
  • The provider breached the required standard of care by failing to provide the necessary medical treatment to the patient
  • The breach of the standard of care by the provider caused injuries to the patient
  • The patient suffered compensable injuries

Expert testimony often is required in cancer malpractice cases to support the claim that the doctor or medical provider acted in a negligent manner in treating the patient.

The Statute of Limitations in Cancer Malpractice Claims

All personal injury claims are subject to statutes of limitations, or deadlines by which injury victims are required to file claims for compensation. Failure to meet this deadline could result in an individual being barred from bringing a lawsuit related to their injuries.

Under N.Y. C.P.L.R. § 214-A, patients who believe they are victims of cancer malpractice have only two and a half years from the date of their injury or from the date of their continuous course of treatment that caused the injury ended.

There may be different time limits that apply if individuals do not discover the injury immediately after it occurs. Under the discovery rule, injury victims may be able to extend the time window from the date of discovery of the injury, or from when they reasonably should have discovered the injury. It is important to consult a Long Island cancer malpractice lawyer to ensure a claim is filed in time.

How a Long Island Cancer Malpractice Attorney Could Help

When doctors miss a cancer diagnosis, cause a delay in treatment, or make another error, a medical professional can be held liable for the consequences of these actions on your health.

The legal team at Silberstein, Awad & Miklos, P.C. could help you make a strong claim for compensation. Our Long Island cancer malpractice lawyers work with a team of medical professionals to evaluate and strengthen your legal claim. Our firm also has the financial power to bring your claim from the initial filing to the final stages of settlement award or verdict, no matter how long it takes.

Consider consulting with one of our lawyers to discuss your case and begin fighting for the compensation you deserve. We are available to talk on any day of the week and at all hours of the day. Call, email, or request an in-home consultation.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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