Failure to Monitor Known Renal Lesions

The discovery of a kidney lesion should prompt careful evaluation and, when medically appropriate, continued surveillance. When a healthcare provider identifies an abnormality but fails to escalate care appropriately, a potentially treatable condition may remain unnoticed while it becomes more dangerous. The failure to monitor known renal lesions can leave patients confronting advanced kidney cancer, more extensive treatment, or lasting damage to kidney function that timely care might have prevented. In many cases, such oversights constitute medical malpractice. If you sustained injuries due to a physician’s failure to monitor known renal lesions, it is advisable to speak with an attorney about what claims you may be able to pursue. At DeFrancisco & Falgiatano, Cancer Lawyers, our experienced Syracuse cancer malpractice attorneys advocate for people harmed by the failure to provide follow-up care, and if you engage our services, we will fight for the results you deserve.  We represent patients in Syracuse, Rochester, and throughout Upstate New York.

Renal lesions may be discovered during an ultrasound, CT scan, MRI, or other study performed because of urinary symptoms, abdominal discomfort, an unrelated medical condition, or a traumatic injury. Some lesions are benign and require little or no intervention. Others call for additional imaging, specialist evaluation, biopsy, or periodic surveillance to determine whether they are growing or developing suspicious characteristics. The appropriate response may depend on the lesion’s size, appearance, rate of growth, imaging features, and the patient’s symptoms, age, medical history, and risk factors.

The failure to monitor known renal lesions may occur when a radiologist does not clearly document a suspicious finding, a physician overlooks the radiology report, a provider fails to tell the patient about the lesion, recommended follow-up is never scheduled, or the results of later testing are not reviewed. If a malignant lesion is not evaluated in a timely manner, it may grow within the kidney, invade nearby structures, or spread to lymph nodes or distant organs. A delay may also change the treatment the patient requires. Depending on the circumstances, a smaller lesion may be treated through surveillance, ablation, or surgery that preserves part of the kidney. A larger or more advanced tumor may require removal of the entire kidney, systemic therapy, or other extensive treatment.

People harmed by the failure to monitor known renal lesions often experience reduced kidney function, emotional distress, substantial medical expenses, and a diminished prognosis. As such, they will frequently pursue medical malpractice claims against the parties responsible for their losses. 

A person pursuing a New York medical malpractice claim based on the failure to monitor known renal lesions generally must demonstrate the defendant’s negligence, which means they need to establish duty, breach, causation, and damages.

Duty usually arises from the professional relationship between the patient and the physician or other healthcare provider responsible for evaluating the finding, communicating it, or arranging appropriate follow-up care. The plaintiff must next prove a breach of that duty, meaning that the provider departed from the accepted standard of medical practice under the circumstances. A breach might involve failing to recognize the significance of an imaging finding, neglecting to recommend repeat imaging, or failing to create a reasonable system for tracking abnormal results.

The plaintiff must also establish causation. It is not enough to demonstrate that the provider made a mistake. The evidence must show that the departure was a proximate cause of an identifiable injury. In a delayed cancer diagnosis case, this may require proof that appropriate monitoring probably would have detected concerning changes earlier and that earlier detection would have provided a meaningful opportunity for less invasive treatment, kidney preservation, a better prognosis, or another improved outcome.

Finally, the plaintiff must prove damages resulting from the delay. Medical malpractice cases typically depend on testimony from one or more qualified medical experts because the applicable standard of care and the medical consequences of a delay are usually outside the ordinary knowledge of jurors. An expert may explain what a reasonably competent provider should have done, how the defendant’s conduct departed from accepted practice, and how the delay affected the disease and the patient’s treatment. Other experts may address future medical needs, lost earning capacity, or additional financial losses.

Damages the plaintiff may be able to recover include past and future medical expenses, lost income, reduced earning capacity, pain and suffering, emotional distress, physical impairment, scarring, and loss of enjoyment of life.

Learning that a renal lesion appeared on an earlier study but was never properly investigated can be devastating. Patients may be forced to cope with a more serious diagnosis while also trying to determine which provider was responsible for following the abnormality. If you sustained losses due to the failure to monitor known renal lesions, it is essential to understand your options, and you should speak to an attorney. At DeFrancisco & Falgiatano, Cancer Lawyers, our skilled Syracuse cancer lawyers can assess your medical care and explain the compensation you may be entitled to pursue. We represent clients in Syracuse, Rochester, and throughout Upstate New York. To schedule a free and confidential consultation, contact our office online or call 833-200-2000 today.