Failure to diagnose breast cancer in its early stages can lead to a higher stage of cancer and a lower survival rate. The dedicated network of medical malpractice lawyers at Gacovino Lake & Associates helps clients in New York and nationwide with their medical malpractice claims. If you have been injured because of another’s negligence, contact us to review your case – 1-800-246-4878.
Receiving a diagnosis of breast cancer can be extremely frightening and overwhelming for you and your family. However, when that discovery is seriously delayed because a doctor failed to diagnose the breast cancer, the consequences can be much more serious, or even fatal. If a doctor’s failure to diagnose your breast cancer has caused you or your loved one to experience a higher stage of cancer, you may have cause to file a medical malpractice claim. To ensure that your case is fairly examined, it would be beneficial consult a New York City medical malpractice lawyer. In addition to the emotional impact of experiencing a failed diagnosis for something as serious as breast cancer, there are medical, financial and legal implications to consider. The steps below outline what to do after you or your loved one has experienced a failed breast cancer diagnosis.
What You Should Do After a Failed Breast Cancer Diagnosis
- Obtain a copy of all medical records to show the progression of your disease and how the failure to diagnose breast cancer early has led to increased risks. These records are necessary in providing enough evidence to file a medical malpractice case.
- Consult a New York City medical malpractice lawyer who can provide the specialized experience to help guide you through the complicated process of filing a medical malpractice or medical negligence claim. An attorney can hire medical experts in the same field as your physician to examine the case.
What to Expect After Filing a Medical Malpractice Claim
- Know that it may take a few years before your case goes to trial if it is not first settled out of court. When working with your New York City medical malpractice lawyer, you will be required to answer questions about your family history, your medical history, and any other legal cases you have been involved in. You’ll also need to provide evidence that helps establish your doctor’s negligence and the damages you’ve suffered as a result.
- You may first have to enter into arbitration. In some states, you’ll need to appear before a committee or enter into mediation before a lawsuit can proceed.
- You will likely have to give a deposition where the defendant’s attorneys will ask you questions about the conditions leading up to your failed breast cancer diagnosis. This deposition will almost certainly be recorded, but your attorney can help you to prepare for this step.
- If your case is successful, you will be entitled to monetary compensation. This compensation is meant to help you with medical bills related to the failure to diagnose breast cancer as well as the emotional damages you and your family have undergone due to the failure to diagnose breast cancer.
The failure to diagnose breast cancer is a complicated, multi-faceted issue, and one which can impact not only the patient, but their family and friends as well. When you or a loved one is diagnosed with breast cancer, it is important to recall the process leading to the diagnosis in case you later have cause to file a medical malpractice claim related to a delayed diagnosis and treatment. Failure to diagnose breast cancer can happen in several different ways. Below, we have outlined some of these failures. As a service to our clients and in recognition of the importance of breast cancer awareness, we have also included some information that may help a patient to avoid a failed diagnosis.
How Does Failure to Diagnose Breast Cancer Happen?
There are several ways in which a physician can fail to diagnose breast cancer in a patient. First, there may be a failure to perform the tests that are necessary to determine the condition of the patient. An MRI or CT scan can often detect results that a mammogram failed to detect. Medical professionals can also commit errors when interpreting the results of tests. This can be due to inattentiveness or inability to understand test results. Once the results are out of the physician’s hands, lab technician errors can produce incorrect readings on test results. Another failure is that doctors may misinterpret or simply ignore symptoms causing them to disregard the possibility of a serious illness. If you feel that you or a loved one has experienced any of these situations, you should consider contacting a New York City medical malpractice lawyer to learn if you are eligible to file a medical malpractice claim. In addition to breast cancer, there are many other commonly misdiagnosed health conditions of which to be aware.
Avoiding a Failed Breast Cancer Diagnosis
The best way to avoid the failure to diagnose breast cancer is to be aware of the symptoms and understand if you or a loved one is at further risk based on personal factors. According to the Centers for Disease Control and Prevention, mortality trends relating to breast cancer have decreased significantly by 1.9% per year among women. This is positive news in the battle against breast cancer. Breast cancer doesn’t affect women only. Men can also contract this deadly disease. In the effort to raise awareness of breast cancer, listed below are symptoms of breast cancer of which both women and men should be aware:
- suspicious mass in the breast;
- nipple discharge;
- painful breast; and
- reddening breasts.
When these symptoms are present and your doctor does not perform the necessary tests or misreads these tests leading to a failure to diagnose breast cancer, the disease may progress unchecked and lead to serious medical consequences. Speaking to a New York City medical malpractice lawyer can help you understand your legal options at this time, including the possibility of filing a medical malpractice claim against the physician responsible for failing to diagnose your breast cancer.
Contacting a New York City Medical Malpractice Lawyer
If you feel that the failure to diagnose breast cancer has led to a higher stage of cancer for you or a loved one, you are entitled to seek compensation for your damages and suffering. Consulting with a New York medical malpractice lawyer can help you better understand your rights, determine liability for your injuries, and decide if filing a medical malpractice claim is right for you. At Gacovino Lake & Associates we have formed a dedicated network of medical malpractice lawyers that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability, and Workers’ Compensation claims. For experienced help with your medical malpractice claim, contact us today – 1-800-246-4878.
