When a patient entrusts their health to a physician, they have the right to expect careful attention to symptoms, timely diagnostic testing, and appropriate treatment. Yet too often, colon cancer is overlooked or misdiagnosed until it has progressed beyond the point where a cure is possible. The physical, emotional, and financial consequences of such medical failures can be overwhelming. In these situations, legal action may be the only avenue for obtaining accountability and financial relief. Settlements in colon cancer malpractice cases play a vital role in this process because they provide injured patients and their families with compensation for the harm they have suffered while avoiding the uncertainty and stress of a trial. If you or a loved one are the victim of colon cancer malpractice, you have the right to seek compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano, LLP Cancer Lawyers, our dedicated Syracuse cancer attorneys are committed to helping individuals who have been harmed by negligent medical care pursue settlements, and if you hire us, we will help you seek the damages that reflect the losses you endured. We regularly represent parties in cancer malpractice cases in Syracuse, Rochester, and Upstate New York.
The Harm Caused by Colon Cancer MalpracticeColon cancer is a disease that, when caught early, is often highly treatable. Unfortunately, when warning signs such as blood in the stool, unexplained anemia, or significant changes in bowel habits are overlooked, the cancer can advance to stages where curative treatment is no longer possible. Patients may require invasive surgeries, colostomies, and extensive chemotherapy regimens that carry debilitating side effects. They may also face a sharply reduced life expectancy.
Why Settlement Can Be BeneficialIn addition to physical suffering, the harm of colon cancer malpractice often extends to emotional anguish, lost wages, and the tremendous strain placed on families as they cope with mounting medical bills and an uncertain future. As such, it is critical for many victims of colon cancer malpractice to pursue fair compensation for their losses.
While any medical malpractice case has the potential to go to trial, many settle. One of the primary benefits of settlement is the ability to secure compensation more quickly than through trial. Colon cancer malpractice cases are highly complex, requiring multiple experts and months, if not years, of litigation. A settlement spares patients and families the stress of waiting for a verdict while ensuring that they receive financial support in a timelier manner. This can be essential for covering ongoing medical expenses, replacing lost income, and alleviating day-to-day financial pressures.
Another advantage of settlement is predictability. Trials carry inherent risks because outcomes are uncertain, even in cases supported by strong evidence. A settlement provides a guaranteed recovery and avoids the possibility of a defense verdict that could leave the patient with nothing. Settlements also allow victims to maintain more privacy. While trials are public, settlement negotiations can be kept confidential, sparing families from having their private medical histories and personal struggles scrutinized in a courtroom.
Finally, settlements can provide a sense of closure. Litigation often reopens emotional wounds, as testimony and cross-examination force patients and families to relive painful experiences. Reaching a settlement helps avoid these repeated traumas and allows families to focus on moving forward with their lives rather than remaining entangled in legal proceedings.
Establishing Damages Prior to Settlements in Colon Cancer CasesTo achieve a favorable settlement, it is usually necessary for the plaintiff to demonstrate that the defendant acted negligently. Under New York law, negligence is established through four elements: duty, breach, causation, and damages. Duty exists because physicians owe their patients a responsibility to exercise the care and skill of a reasonably competent practitioner. A breach occurs when a physician fails to order appropriate tests, ignores symptoms, or misinterprets diagnostic results. Causation links that breach to the harm suffered, such as showing that an earlier diagnosis would have prevented the spread of the disease. The plaintiff has to show that they suffered damages, such as the costs of aggressive treatment, lost income from time away from work, diminished life expectancy, and pain and suffering.
Expert testimony plays a vital role in this process. Specialists explain the standard of care, identify how the provider fell short, and outline how earlier intervention could have altered the outcome. This evidence not only strengthens a plaintiff’s position at trial but also places significant pressure on defendants to settle rather than face the risks of a courtroom verdict. Settlements in colon cancer malpractice cases are often shaped by the quality of this evidence and the ability to clearly demonstrate both the failures of the provider and the profound impact on the patient’s life.
Speak With a Skilled Cancer Malpractice Attorney in Syracuse, Rochester, and Upstate New YorkColon cancer malpractice has devastating consequences, but settlements in colon cancer malpractice cases provide a way for patients and families to secure justice without enduring the ordeal of trial. If you sustained losses due to a colon cancer malpractice, you should speak to an attorney about what claims you may be able to pursue. At DeFrancisco & Falgiatano, LLP Cancer Lawyers, our skilled Syracuse cancer malpractice attorneys understand how to build strong malpractice claims and leverage them toward the recovery of damages, and if we represent you, we will diligently pursue the best possible outcome available in your case. Our main office is in Syracuse, and we proudly represent clients in Syracuse, Rochester, and throughout Upstate New York. To learn more or to schedule a free and confidential consultation, call us at 833-200-2000 or contact us online.