The National Cancer Institute reports that in 2018, approximately 1.7 million new cases of cancer will be diagnosed and about 610,000 people will die from cancer. The increasing incidence of cancer makes it imperative for doctors to provide proper treatment for cancer or potential pre-cancerous patients. When they fail to do so, they can be held liable for causing damages. The Nassau County cancer malpractice lawyers at Silberstein, Awad & Miklos, P.C. are prepared to help you fight for compensation for your injuries. In our 28 years of practice, we have won all-time record verdicts and in total, over $1 billion dollars for all clients.

We combine ingenuity and hard work to get you successful results after experiencing so many physical, financial, and emotional setbacks. We win cases by working closely with a team of reliable medical experts to verify the scientific basis of your case and refute any defenses from the at-fault parties. If you are or have suffered from cancer malpractice, we could stand by your side to help you through the legal process of recovering compensation. A well-versed medical malpractice lawyer could help you gather evidence and pursue your legal right to a fair compensation award.

Causes of Cancer Malpractice

Cancer malpractice can occur in various situations when a doctor is negligent. Examples of this substandard treatment include:

  • Administering the wrong chemotherapy drug
  • Receiving a delayed or missed diagnosis
  • Failing to detect metastatic cancer
  • Administering too little treatment to prevent new cancer regrowth
  • Failing to run enough tests to determine the best course of treatment
  • Failing to screen a patient with a family history of cancer
  • Failing to give appropriate cancer prevention advice

These situations may arise, for example, when a doctor does not pay enough attention, when a medical facility does not have appropriate equipment and fails to refer a patient to another facility, or when doctors fail to spend enough time listening to a patient’s concerns and symptoms. These instances of malpractice and the subsequent injuries they can cause a patient may be eligible for compensation. Someone who suffered extensive injuries following a physician’s carelessness involving cancer treatment or diagnosis should reach out to a skilled Nassau County cancer malpractice lawyer.

Malpractice Filing Requirement in Nassau County

As per New York Civil Practice & Law Rules §3012-a, anyone who wishes to file a malpractice claim must also file a certificate of merit with the help of a Nassau County cancer malpractice attorney. The certificate must state that the lawyer reviewed and verified the facts of the lawsuit with at least one doctor and believes there is a reasonable basis for the cancer malpractice action.

Alternately, a doctor must certify that they made at least three good faith attempts to meet with three separate doctors but was not able to get their help in verifying the medical basis for the lawsuit.

If obtaining a certificate of merit would interfere with the filing of the lawsuit within the statute of limitations, as outlined in New York Civil Practice Law & Rules §214-A, an extension of 90 days to file the certificate is given.

The attorney is not required to disclose the names of the medical professionals used to produce the certificate of merit. However, it is important to note that if the cancer malpractice lawyer in Nassau County certifies that they were unable to complete a consultation, the court may ask for the names of the physicians who refused a consultation.

Damages in a Cancer Malpractice Case

In a successful lawsuit, a plaintiff will receive either a fair settlement or a jury verdict in their favor. With either outcome, the plaintiff receives monetary compensation for their damages. Damages are specific losses or circumstances that the plaintiff faces in relation to their injury. Since each case is different, plaintiffs should consult with a cancer malpractice lawyer in Nassau County to help determine which types and what amount of damages are appropriate to claim.

Common examples of damages include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Mental anguish
  • Lost wages
  • Medical expenses
  • Lost future earning capacity

Contacting a Nassau County Cancer Malpractice Attorney

When a physician makes a medical error which leads to further harm to a patient, the consequences can be serious. These may involve additional medical bills, time in the hospital, pain, and the possibility of a premature death.

Nassau County cancer malpractice lawyers could help you hold a medical professional or medical facility responsible for these life-altering consequences. The legal team at Silberstein, Awad & Miklos, P.C. works with a trustworthy team of medical professionals to remove all doubt that the defendant is liable for your damages.

No matter how long a case takes, we can stand by your side throughout the legal process. We are here to provide you with the care that doctors have denied you thus far. While you recover from your injuries, we can handle the legal details of your case. Call, email, or request an in-home consultation to learn more about your legal options.

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New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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