Yes, you can sue for a delayed prostate cancer diagnosis in New York if a healthcare provider's failure to meet the accepted standard of care resulted in the cancer advancing to a more severe stage. To be eligible, you must demonstrate that a doctor-patient relationship existed, the provider was negligent, and this negligence directly caused physical or financial harm that would have been avoided with a timely diagnosis.
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Prostate cancer is one of the most common cancers among men. By 2024, over 299,010 new cases of prostate cancer are expected to be diagnosed in the United States. While survival rates for the disease are relatively high compared to other cancers, misdiagnosis at any point of the journey can drastically impair an individual's quality of life.
When detected in its earlier stages (localized and regional), the 5-year relative survival rate for the disease is 99%. This survival rate plummets to 34% when found at its latest stage (distant). Early diagnosis makes a life-changing difference in the prognosis for prostate cancer patients.
This article presents legal and medical information relevant to prostate cancer malpractice. We hope that this answers all your questions. In any case, you can always reach out to our team for more specialized concerns (free of charge, with no obligation).
Understanding The Disease
Approximately 1 in 6 men will be diagnosed with prostate cancer in their lifetime, making the disease the second most common cancer in American men. While the disease can occur at any age, it mainly affects those over 65 years old. Understanding the technicalities of the disease is important in establishing and strengthening your malpractice claim.
Signs and Symptoms of Prostate Cancer
In the early stages, prostate cancer is often asymptomatic. Some of the disease's earlier symptoms are also shared with other medical conditions. This makes early diagnosis a bit tricky. Still, it is the responsibility of your doctor to assess potential risks and prescribe respective tests.
Earlier signs include, but are not limited to:
- Difficulty urinating
- Decreased force of urine flow
- Blood in semen or urine
- Frequent urination (especially at night)
- Pain during urination/ejaculation
- Discomfort in the lower back, upper thighs, or pelvis
These early symptoms should never be ignored or downplayed.
Stages of Prostate Cancer
Prostate cancer has 13 specific stage groups. Here's a brief overview of their general stages:
STAGE I
- Tumor is small and localized, either not felt by a digital rectal exam, only on one side of the prostate, or found by biopsy from a high PSA test
- Has not spread to lymph nodes or other parts of body
- Grade Group 1 (Gleason score 6 or less)
- PSA less than 20 ng/mL
STAGE II
- Tumor may or may not be felt/seen on imaging, but has not spread outside prostate
- Has not spread to lymph nodes or other parts of body
- Either Grade Group 1 with PSA 10-20 or Grade Group 2-4 with PSA less than 20
STAGE III
- Tumor could be felt/seen but confined to the prostate or just outside of the gland
- Has not spread to lymph nodes or distant sites
- Grade Group can be 1-4
- PSA is 20 ng/mL or higher
STAGE IV
- Tumor may have grown out of the prostate into other tissues or spread to lymph nodes
- Cancer has metastasized to other parts of the body
- Any PSA level or Grade Group
The Impact of Delayed Diagnosis
Failing to identify prostate cancer early can be devastating in the long run, allowing the disease to progress and leaving it untreated. According to a study from 2018, 1 in 3 diagnosed men discovered their prostate cancer at its later stages wherein cancer has already metastasized. Treatment options are significantly narrow at that point, leaving hormone therapy and chemotherapy as the only practical treatments.
While radiation therapy could still present relevant results, extensive metastasis is difficult to fight (again 5-year survival rates drop to 30% at this stage). Despite aggressive treatment and care, remission periods still get progressively shorter also.
In short, early diagnosis makes a life-changing difference in the prognosis for prostate cancer patients. Catching it early all but ensures survival as well as minimal impact on one's livelihood and quality of life after treatment.
When a Delayed Prostate Cancer Diagnosis May Be Malpractice
A "delayed diagnosis" occurs clinically when a healthcare professional fails to identify or act on cancer symptoms or test results within a reasonable timeframe. Legally, this becomes malpractice if the delay falls below the "standard of care," the level of care a reasonably competent professional in the same field would have provided under similar circumstances. In New York, "Lavern's Law" provides critical protection by allowing patients to file a claim within two and a half years of when they discovered the malpractice, rather than when the error first occurred, with an ultimate cap of seven years from the date of the error.
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Common Causes of Prostate Cancer Diagnostic Delays
Diagnostic errors often stem from administrative failures or clinical misjudgments during routine screenings. Common examples of negligence that may lead to a late diagnosis include:
- Failure to follow up: Neglecting to order a biopsy or refer a patient to a urologist after a Prostate-Specific Antigen (PSA) test shows elevated levels, typically 4.0 ng/mL or higher.
- Screening omissions: Failing to offer or recommend PSA tests or digital rectal exams (DRE) for high-risk patients, such as those with a family history of the disease.
- Misinterpreted imaging or pathology: Radiologists or pathologists misreading MRI scans or tissue samples, leading to a "false negative" report.
- Symptom dismissal: Attributing symptoms like urinary difficulty or pelvic pain to non-cancerous conditions without performing a differential diagnosis to rule out malignancy.
What You Must Prove in a Failure to Diagnose Cancer Case
To succeed in a New York medical malpractice lawsuit, a plaintiff must establish four specific legal elements:
- Duty of Care: Evidence that the defendant was your treating physician or facility.
- Breach of Duty: Proof that the provider deviated from accepted medical standards (e.g., ignoring a suspicious PSA trend).
- Causation: A clear link showing the delay caused the cancer to progress (metastasize) to a point where treatment is more aggressive or the prognosis is significantly worse.
- Damages: Quantifiable harm, such as additional medical costs, loss of life expectancy, or physical pain.
What Compensation May Be Available
Victims of a late diagnosis may recover various categories of damages intended to compensate for the impact of the negligence. The total value of a case is heavily influenced by the severity of the cancer's progression and the victim's age and earning capacity.
- Economic Damages: Compensation for objective financial losses, including past and future medical bills, specialized treatments, and lost wages or diminished earning capacity.
- Non-Economic Damages: Compensation for subjective losses such as physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for spouses.
- Wrongful Death: If the delay leads to a fatality, surviving family members may seek funeral expenses and loss of financial support.
What Evidence Matters
Building a strong case requires comprehensive documentation of the medical timeline and the provider's actions. Key evidence includes:
- Complete Medical Records: All files from the diagnosing physician and any prior providers who performed screenings.
- Timeline of Events: A detailed record of when symptoms were reported and when tests were ordered or performed.
- Test Results: Laboratory reports for PSA levels, biopsy pathology reports, and imaging discs (MRI/CT scans).
- Second Opinions: Documentation from subsequent specialists who identified the error or confirmed the advanced stage of the cancer.
- Expert Testimony: New York law typically requires a medical expert to review the records and testify that the standard of care was breached.
What to Do If You Suspect a Delayed Diagnosis
If you believe your prostate cancer was caught late due to a doctor's error, you should immediately request your full medical file to prevent records from being altered or lost. Seeking a consultation with a different oncology specialist can help you understand your current prognosis and whether a diagnostic window was missed. Because the statute of limitations under Lavern's Law is strictly enforced, beginning a legal investigation early is essential to preserve your right to compensation.
Statutes of limitations vary for every claim. As such, it is important to seek professional advice as soon as possible. If you are looking to pursue any legal action, seek lawyers who specialize in medical malpractice. Doing so increases your chance of success.
Speak With a New York Cancer Malpractice Lawyer
Given the complexity of medical malpractice laws and the high burden of proof for causation, consulting a lawyer experienced in New York's specific discovery rules is vital. An attorney can coordinate with medical experts to determine if your diagnosis delay was preventable and help navigate the 90-day "Notice of Claim" requirements if a municipal hospital was involved.
With the help of the right medical malpractice lawyers, you can take on these preliminary steps easily:
- Gathering and Preserving Evidence: Obtaining copies of all relevant medical records, bills, notes, etc. related to the injury/incident.
- Getting an Expert Opinion: Having a qualified medical expert review your records to assess if there was negligence. Their written opinion can support your claim.
- Calculating Damages: Documenting both economic and non-economic losses and damages due to the malpractice.
- Filing the Medical Malpractice Complaint: Officially filing the complaint starting the litigation process if a settlement is not reached beforehand (90% of medical malpractice cases end in out-of-court settlements when properly established).
Legal and medical professionals work together to successfully prove a medical negligence lawsuit. It is important that you seek guidance from someone you can trust.
FAQs
Can you sue for a delayed prostate cancer diagnosis?
Yes, if a healthcare provider's negligence led to a delay that allowed the cancer to progress, you may be eligible to file a medical malpractice lawsuit for damages in New York.
What is failure to diagnose prostate cancer?
It is a form of medical malpractice where a doctor fails to order appropriate tests, ignores symptoms, or misinterprets results, causing a patient to miss the opportunity for early, more effective treatment.
What evidence helps prove a delayed diagnosis case?
Crucial evidence includes your full medical history, PSA test results, pathology reports, imaging scans, and expert testimony confirming that the provider deviated from accepted medical standards.
Looking to File a Medical Malpractice Claim for Delayed Prostate Cancer Diagnosis?
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Prostate cancer is highly curable if detected early. Medical malpractice puts many individuals into unfairly disadvantageous positions and should never be overlooked. At the Porter Law Group, we safeguard you and your family's best interests.
We work in tandem with licensed medical professionals to win your case. If you or someone dear to you has suffered due to medical malpractice, please reach out to us for a no-obligation free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
