When it comes to cancer, time is everything, and cervical cancer is no exception. Despite being one of the most preventable forms of gynecologic malignancy, cervical cancer continues to claim lives due to missed warning signs and delayed diagnoses. The signs and symptoms of cervical cancer are not only medically significant but often the key to detecting the disease when it is still highly treatable. Yet all too often, these symptoms are misinterpreted, minimized, or dismissed entirely by medical professionals. The result can be a missed opportunity to intervene early, allowing the cancer to advance and reducing the patient’s chances of recovery. If your doctor failed to recognize the signs and symptoms of cervical cancer, and you suffered harm as a result, you should talk to an attorney about whether you should pursue a medical malpractice claim. At DeFrancisco & Falgiatano, LLP Cancer Lawyers, our knowledgeable Syracuse cancer attorneys dedicate our practice to representing individuals harmed by incompetent cancer care, and if you engage our services, we will set forth persuasive arguments on your behalf. We regularly represent clients in Syracuse, Rochester, and throughout Upstate New York.
The Harm Caused by Delayed Diagnosis of the Signs and Symptoms of Cervical CancerAlthough early-stage cervical cancer is often asymptomatic, as the disease progresses, patients typically develop a range of clinical signs and symptoms that should prompt further investigation. These include irregular vaginal bleeding, persistent pelvic or back pain, watery or bloody vaginal discharge with a foul odor, and increased urinary frequency or discomfort. Unfortunately, these signs and symptoms of cervical cancer are sometimes dismissed or incorrectly diagnosed as infections, hormonal imbalances, or perimenopausal changes, particularly in younger women or those without known risk factors.
When doctors fail to act on these warning signs, the cancer may advance from a treatable, localized stage to a more invasive form that spreads to the bladder, rectum, lymph nodes, or distant organs. The consequences of a delayed diagnosis are profound. Patients may lose their ability to have children, endure aggressive therapies like radical hysterectomy or chemoradiation, and suffer a significantly reduced life expectancy.
Elements of a Malpractice Lawsuit Based on a Failure to Address the Signs and Symptoms of Cervical CancerMedical malpractice claims based on the mismanagement of cancer, including cervical cancer, typically rest on the foundational principles of negligence. To prevail on a negligence claim under New York law, a plaintiff must establish four elements: duty, breach, causation, and damages. The first element, duty, arises from the physician-patient relationship. Once this relationship is established, the defendant has a legal obligation to adhere to the prevailing standards of care accepted within the medical community. This includes timely recognition of the signs and symptoms of cervical cancer, ordering appropriate diagnostic testing, and initiating necessary referrals or treatments.
A breach occurs when the defendant fails to meet those professional standards. In cases involving cervical cancer, this may mean disregarding a patient’s complaints of abnormal bleeding, neglecting to follow up on irregular Pap smear results, or misreading diagnostic imaging or pathology reports. Causation requires the plaintiff to demonstrate that the defendant’s breach directly caused the patient's harm. This is often the most contested aspect of litigation and typically requires expert testimony to show that an earlier diagnosis would have led to a significantly better outcome or increased survival probability.
Finally, the element of damages pertains to the actual losses suffered by the patient. These may include the cost of more aggressive or prolonged medical treatment, lost wages, diminished earning capacity, and the inability to have children due to sterilizing treatments. Non-economic damages may also be substantial, encompassing physical pain, emotional distress, loss of consortium, and diminished quality of life.
Consult an Experienced Cancer Malpractice Lawyer in Syracuse, Rochester, or Elsewhere in Upstate New YorkEarly identification and treatment of cervical abnormalities can make the difference between a favorable outcome and a devastating one. When doctors and healthcare providers fail in their duty to recognize and act on the signs and symptoms of cervical cancer, the consequences can be life-altering or even fatal. If you or someone you love has suffered because of a delayed or missed cervical cancer diagnosis, you should consult an attorney to explore your legal options. At DeFrancisco & Falgiatano, LLP Cancer Lawyers, our experienced Syracuse cancer lawyers have decades of experience holding negligent medical professionals accountable, and if we represent you, we will advocate zealously on your behalf. We represent individuals throughout Syracuse, Rochester, and all across Upstate New York. To schedule a free and confidential consultation, call us at 833-200-2000 or contact us online.