The outcome of a cancer diagnosis is highly dependent upon how early the diagnosis is made and how soon an effective treatment can begin. Cancer that is caught in its early stages and treated as soon as possible usually has a better outcome than cancer that is not. When a doctor does not diagnose and treat cancer early, patients lose valuable time, spend more money, and may even have their life put at risk.

If a doctor was negligent in treating your cancer, contact a Suffolk County cancer malpractice lawyer. The lawyers at Silberstein, Awad & Miklos, P.C. have the dedication and compassion to help you gather evidence of the doctor’s carelessness and prove their fault in court. We also work with a team of medical experts to remove all doubt that a case does not have medical validity.

We have over three decades of experience obtaining successful results for clients and could stand by your side through this case until we receive a fair compensation on your behalf. In fact, we have helped our clients receive over $1 billion in total.

A skilled medical malpractice lawyer at our firm is prepared to help you fight for compensation for this unexpected turn of events. If you or a loved one suffered from medical malpractice, call or email us today to discuss your legal options.

What Counts as Malpractice?

Researchers at the Mayo Clinic found that as many as 20 percent of all serious medical conditions, including cancer, are misdiagnosed. Cancer misdiagnosis or delayed diagnosis is the most common type of cancer malpractice. Other types of cancer malpractice include:

  • Being prescribed the wrong treatment
  • Being prescribed the wrong treatment amount or duration
  • Not being accurately screened or tested for metastasized tumors
  • Misadministration of chemotherapy
  • Lack of referrals to necessary specialists
  • Failure to recommend follow up care

No matter what type of cancer a patient has, if a doctor made one of the above errors or a similar error, they may be liable for the injuries caused to the patient.

The Statute of Limitations for Cancer Malpractice

Under New York Civil Practice Law & Rules §214-A, plaintiffs in malpractice cases have two years and six months from the date of malpractice to file their lawsuit. However, under the same law, a few exceptions exist that may apply to cancer patients.

If the patient’s claim is related to a failure to diagnose cancer or a malignant tumor, the statute of limitations can run from the date when the patient discovers or reasonably should have discovered the malpractice. The deadline for filing may also be delayed to start on the date of the last treatment if there is continuous treatment.

Plaintiffs should also be aware that this law bars anyone from pursuing legal action once seven years have passed from the negligent act or omission. An experienced Suffolk County cancer malpractice attorney could help claimants understand how this law applies in their specific situation.

Potential Recoverable Damages

If there is a delay in diagnosing, a misdiagnosis, or another error that leads to or worsens cancer, victims usually sustain various types of damages, including premature death.

Injured patients should discuss all the ways their life has been impacted when working with their Suffolk County cancer malpractice lawyer. Our lawyers could use evidence of how a patient has been inconvenienced or suffered, as well as proof of additional expenses, to claim the full amount of compensation to which the patient is entitled.

Common damages in cancer malpractice cases include:

  • Pain and suffering
  • Loss of companionship or consortium
  • Mental anguish
  • Loss of enjoyment of life
  • Medical costs
  • Disfigurement
  • Lost wages
  • Lost or decreased future earning ability

Reaching Out to a Suffolk County Cancer Malpractice Attorney

Cancer is a life-changing diagnosis, and when a doctor makes an error that worsens or causes a patient’s cancer, they suffer unnecessary injuries and losses. If you were injured because a doctor was negligent in their actions or inactions, one of our Suffolk County cancer malpractice lawyers to help you file a claim for compensation

The legal team at Silberstein, Awad & Miklos, P.C. is known across the state and nation for our record-breaking success. We have the financial power and legal expertise to support your claim from the investigation, to service of documents, to pre-trial discovery, to mediation, to negotiation, and to trial, if necessary.

We use imaginative strategies to fight against the defense and help you receive a monetary award or settlement for your damages. Reach out to our attorneys today to get your case started.

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

Silberstein, Awad & Miklos, P.C.
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