According to the American Cancer Society, prostate cancer is the second most common cancer in American men, with approximately 313,780 new cases diagnosed annually. When detected early, the 5-year survival rate for prostate cancer exceeds 98%. However, this rate drops significantly with delayed diagnosis, making timely detection crucial for optimal treatment outcomes.
A delayed prostate cancer diagnosis can significantly impact your health outcomes and legal rights. By gathering proper evidence needed, it will help build a strong medical malpractice claim against healthcare providers who failed to diagnose your condition in a timely manner.
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1. Request Copies of Medical Records
Medical records form the foundation of your delayed prostate cancer diagnosis claim. According to standard medical practice, comprehensive medical records typically contain:
- Complete patient history and physical examination reports
- PSA test results and tracking over time
- Digital rectal examination (DRE) findings
- Imaging study results, including MRIs and CT scans
- Biopsy reports and pathology findings
- Treatment recommendations and referrals
- Communication between healthcare providers
In New York, you have the right to access and request copies of your medical records. There are certain restrictions that may apply but you can appeal if your request is denied.
In the event the healthcare facility closes or becomes a “closed practice”, there are several ways you can still request for your medical records through several available options.
2. Compile Personal & Witness Testimonies
Maintain detailed records of how the delayed diagnosis affected your life. These may include items such as the following:
- Personal journal entries describing physical symptoms
- Documentation of emotional distress
- Family member statements regarding lifestyle changes
- Photographs and videos showing physical changes
- Records of canceled activities or missed events
These will serve as additional evidence and may be valuable in pursuing your claim.
3. Arrange All Documents According to the Timeline
Creating a detailed chronological record strengthens your case significantly. An effective timeline should document all healthcare interactions related to your condition, such as dates of appointments, symptoms reported, medical decisions.
The expenses made throughout the entire ordeal should also be compiled, including:
- Medical bills and insurance statements
- Lost wages and employment benefits
- Transportation costs for medical appointments
- Home care expenses
- Prescription medication costs
According to the National Cancer Institute, prostate cancer treatment costs can exceed $28 000 in the first year following diagnosis. In pursuing a medical malpractice claim, the compensation you may be awarded may help cover the financial costs of past and future treatments.
4. Ask for Expert Medical Opinions
An experienced medical malpractice lawyer will work with a medical expert to help testify instances in which there was a breach of standard of care, which will be crucial support for your case.
Possible examples of specific scenarios where healthcare providers may have failed include:
- Ordering appropriate PSA testing
- Properly interpreting test results
- Following up on elevated PSA levels
- Performing adequate physical examinations
- Making timely specialist referrals
- Communicating test results effectively and implementing the appropriate treatments
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Average Compensation for Medical Malpractice Claims
According to the National Practitioner Data Bank, in 2023, medical malpractice cases in New York were settled at about $491,316 on average. However, based on our experience, cases involving cancer misdiagnosis are compensated with much more. For actual compensation figures, please refer to our previous wins.
Reach out to seasoned medical malpractice lawyers as soon as possible to get your case evaluated and established.
Contact a Medical Malpractice Attorney Today
The Porter Law Group specializes in delayed cancer diagnosis cases and understands the complexities of gathering and presenting compelling evidence. Our experienced attorneys work with medical experts to build strong cases for our clients.
Don't let a delayed prostate cancer diagnosis go unchallenged. Contact us at 833-PORTER9 or email info@porterlawteam.com for a free consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Your health and legal rights matter. Let us help you gather the evidence needed to support your delayed prostate cancer diagnosis lawsuit and fight for the compensation you deserve.