Cancer can devastate the lives of patients and families. When caught early, it usually has a better prognosis. Unfortunately, doctors sometimes make mistakes in diagnosing or treating cancer, thereby increasing the odds that it will progress or spread. Medical malpractice lawsuits can be complicated and challenging. If you believe that you were subject to medical malpractice in Upstate New York, you should talk to the trial attorneys at DeFrancisco & Falgiatano. We understand how to establish the right to recover damages in medical malpractice lawsuits.
To establish a medical malpractice claim, you would need to show that the defendant owed you a professional standard of care in diagnosing or treating your cancer, the defendant departed from the professional standard of care, and the departure caused your harm. The professional standard of care depends on what a doctor in the defendant’s specialty in Upstate New York would do when faced with a patient in your situation. If your doctor fell short of this standard, you may be able to recover economic and non-economic damages. We can handle claims involving endometrial cancer, prostate cancer, breast cancer, colorectal cancer, cervical cancer, bladder cancer, ovarian cancer, and skin cancer, among other types of cancer.
Endometrial cancer originates in the layer of cells that lines the uterus, which is a pelvic organ where fetal development happens. This type of cancer often generates abnormal vaginal bleeding. If a doctor diagnoses endometrial cancer early enough, the appropriate treatment may involve surgically removing the uterus. However, there are instances in which doctors fail to catch endometrial cancer in a timely fashion, misdiagnose it, or make errors in treatment. A cancer attorney in Upstate New York can help investigate what went wrong and gather evidence to prove your case.Prostate Cancer
The prostate is a small gland that produces seminal fluid in men. The type of prostate cancer at issue will determine whether monitoring or a more aggressive treatment like radiation or surgery is needed. A doctor’s failure to respond appropriately to symptoms of prostate cancer will determine whether liability can be established. We will need to consult with an expert on prostate cancer about whether your claim is meritorious before we bring a medical malpractice lawsuit, and we must file a certificate of merit attesting to our consultation.Breast Cancer
Medical malpractice lawsuits involving breast cancer are very common. Sometimes these cases arise because a doctor failed to notice a lump during an exam. However, in other cases, a doctor diagnoses a lump as a benign tumor, and it later turns out to be cancer. There are also situations involving improper treatment or treatment errors. As with other medical malpractice lawsuits, an Upstate New York cancer attorney will need to show that it is more likely than not that your doctor departed from the professional standard of care, which consists of the accepted practices of doctors in the same specialty and from the same geographic region.Colon / Rectal Cancer
The colon is the large intestine, which is the final portion of the digestive tract. Colon or colorectal cancer is one of the deadliest types of cancer. It can start as tiny non-cancerous cell groups, known as polyps. If screening and diagnosis occur in time, polyps may be treated and prevented from turning into cancer. When polyps are already cancerous, there are various treatments that may be appropriate, including radiation, drug therapy, surgery, chemotherapy, and immunotherapy. We would need to consult an expert about whether a failure to recommend a screening test, a misdiagnosis after the screening test, or a failure to provide appropriate treatment in your situation rose to the level of medical malpractice.Cervical Cancer
One of the most preventable forms of cancer is cervical cancer. Often, it is caught with a PAP smear or another form of screening. When it is caught early, it is typically easy to treat. Sometimes harm occurs because doctors fail to pass along test results or fail to refer a patient to the appropriate specialist for treatment. There are also situations in which a PAP smear is inadequate or the technique to take it was inappropriate. You may be able to recover compensatory damages, including both economic and non-economic losses, if our Upstate New York cancer lawyers can establish your health care provider’s liability.Bladder Cancer
Bladder cancer happens if bladder cells grow without limitation, causing a tumor, which is a growth of abnormal tissue in the bladder lining. Symptoms include frequent urination, pain in the pelvic region, or blood in urine. Usually, when there are acute or repetitive symptoms, a patient should be referred to a urologist. When bladder cancer is caught early, it is more likely that the patient will survive it. Compensatory damages that may be recovered if we can establish liability for the worsening or progression of your bladder cancer include medical bills, lost income, pain and suffering, mental anguish, and loss of enjoyment of life.Ovarian Cancer
Doctors should screen and test patients for ovarian cancer even if they do not show clear symptoms. If a test shows that there are cancerous cells, the doctor needs to decide the appropriate course of treatment. When ovarian cancer is caught and treated in the early stages, while still in the ovaries, the patient’s prognosis is better. For instance, if your mother went to the doctor complaining of trouble urinating and pain in her pelvis, but her doctor did not take steps to figure out an appropriate diagnosis, and she died because the cancer spread, it may be possible to recover damages from the doctor in a medical malpractice wrongful death claim. Wrongful death damages in New York may include lost earnings, funeral or burial costs, reduced inheritance, loss of parental guidance, and services provided by the decedent.Skin Cancer
One of the most common types of cancer is skin cancer. It occurs when cells below the skin mutate aggressively. The mutations form cancerous cells. It is vital for doctors to diagnose and treat skin cancer as early as possible; a biopsy may need to be taken and evaluated by a pathologist. Medical malpractice related to skin cancer may involve misdiagnosis, failure to diagnose, improper patient examination, failure to take a biopsy, misinterpretation of biopsy results, or failure to provide the patient with results. When skin cancer goes untreated, it can metastasize and spread, and it may result in disfigurement or even death. The professional standard of care in a skin cancer claim depends on what a dermatologist or oncologist in Upstate New York would have done when faced with the same situation.Consult an Experienced Cancer Lawyer in Upstate New York
Cancer can take a devastating toll on a patient and his or her family. If your cancer is worsened or a loved one died of cancer because of medical malpractice, you should contact our seasoned Upstate New York attorneys. At DeFrancisco & Falgiatano, we represent cancer patients in Syracuse, Rochester, Ithaca, Utica, Auburn, Lyons, Oneida, Oswego, Cooperstown, Binghamton, Wampsville, Canandaigua, Watertown, Elmira, Herkimer, and Lowville. Call DeFrancisco & Falgiatano at 833-200-2000 or complete our online form.
Upstate New York Cancer Lawyer | Syracuse & Rochester Medical Malpractice Attorney | DeFrancisco & Falgiatano, LLP
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