Cancer Lawyers in Albany, New York

Albany, the capital city of New York State, is nestled along the Hudson River. With its rich political heritage and diverse population of approximately 100,000 residents, Albany serves as a crucial center for government, healthcare, and education in the region. However, cancer-related lawsuits are unfortunately common in Albany and throughout New York State.

These lawsuits often involve cases of delayed cancer diagnosis, missed cancer diagnosis, cancer misdiagnosis, and failure to recognize cancer symptoms, among others. The impact of such medical oversights can be devastating for patients and their families, making it crucial to seek legal representation when faced with such situations.

Do I Have a Delayed Cancer Diagnosis Case?

You may have a potential delayed cancer diagnosis or misdiagnosis case if:

• Your doctor did not act on abnormal imaging (for example, a mass or suspicious lesion was seen but no timely follow-up scan, ultrasound, or biopsy was ordered)
• Abnormal blood work or other lab results suggesting possible cancer (such as anemia, abnormal tumor markers, or unexplained infection/inflammation) were ignored, not repeated, or not investigated further
• Your symptoms (like a new lump, unexplained weight loss, rectal bleeding, persistent cough, or abnormal vaginal bleeding) were repeatedly dismissed or attributed to a benign condition without appropriate cancer work-up
• Your primary doctor failed to refer you to an appropriate specialist (such as an oncologist, gastroenterologist, hematologist, or gynecologic oncologist) despite ongoing or worsening symptoms
• Test results showing possible cancer were not communicated to you or were significantly delayed, so you did not learn about the findings in time to pursue prompt treatment
• Because of the delay, your cancer progressed to a higher stage, required more extensive treatment (such as more aggressive surgery, chemotherapy, or radiation), or reduced your chance of cure or long-term survival

In New York, a delayed cancer diagnosis can support a malpractice claim when the provider's care fell below the accepted standard and that failure caused a worse outcome (for example, higher-stage disease or lost treatment options).

Cancer Lawyers in Albany

If you or a loved one has suffered due to a cancer-related medical error in Albany, the Porter Law Group is here to help. Our experienced team of cancer lawyers understands the complexities of medical malpractice cases and is dedicated to fighting for the rights of patients affected by delayed diagnosis, misdiagnosis, or improper treatment of cancer. We encourage you to view the results we've achieved for previous clients to see how we can assist you in your case.

Where You May Have Experienced Delayed or Misdiagnosed Cancer in Albany

Albany is home to several renowned medical facilities, including Albany Medical Center, St. Peter's Hospital, and Albany Memorial Hospital. Patients may experience delayed or misdiagnosed cancer in various medical contexts, such as:

• Primary care physician offices
• Urgent care centers
• Hospital emergency rooms
• Radiology departments
• Oncology clinics
• Specialty medical practices

While you may think these institutions strive to provide quality care, errors can occur when medical providers are negligent.

Common Ways Cancer Diagnosis Gets Delayed

For readers in Albany and upstate New York, the typical medical mistakes that delay cancer diagnosis include:

Missed or delayed follow-up on imaging: Suspicious findings on X-rays, CT scans, MRIs, mammograms, ultrasounds, or colon imaging that are not repeated, not followed with the recommended diagnostic imaging, or not sent for biopsy in a timely way. Abnormal screening tests (for example, mammograms with suspicious findings) without appropriate follow-up within recommended time windows can undermine the effectiveness of screening and lower survival.

Abnormal labs that are ignored or under-investigated: Unexplained anemia, blood in stool or urine, abnormal white blood cell counts, or abnormal tumor markers that are not repeated, not investigated with imaging or endoscopy, or not referred to a specialist. Failure to correlate abnormal labs with ongoing symptoms can lead to missed opportunities to suspect cancer early.

Delayed biopsy or specialist referral: Failure to order a biopsy when guidelines call for tissue diagnosis after suspicious imaging or exam findings (for example, a breast mass, lung nodule, or abnormal cervical result). Delays in arranging consultations with oncologists, surgeons, gynecologic oncologists, or other cancer-related specialists after worrisome findings can lead to diagnostic delay and more advanced stage at diagnosis.

Communication and systems errors: Imaging or lab results sent to the wrong provider, not routed correctly in electronic systems, or not clearly flagged for follow-up. Lack of tracking systems for abnormal results can result in "lost to follow-up" situations where patients never receive the recommended next test.

These failures can be especially serious in common cancers such as lung, colorectal, prostate, and breast cancer, which are frequently involved in missed or delayed diagnosis malpractice claims.

How Can Cancer Be Misdiagnosed?

Cancer misdiagnosis can occur in various ways, including:

• Misinterpreting test results
• Failing to order appropriate diagnostic tests
• Overlooking cancer symptoms
• Mistaking cancer for another condition
• Inadequate follow-up on abnormal test results
• Communication errors between healthcare providers

Common Cancer-Related Lawsuit Types

Cancer-related lawsuits often involve:

• Delayed cancer diagnosis
• Failure to diagnose cancer
• Incorrect cancer staging
• Misread cancer biopsy
• False negative cancer test results
• Improper cancer screening procedures
• Negligent cancer care
• Failure to refer to a cancer specialist

These errors can have severe consequences for patients, potentially leading to delayed treatment, reduced chances of survival, or unnecessary medical procedures. If you or a loved one believe negligence played a role in you or your loved ones diagnosis, it's crucial to seek legal advice promptly. Contact the experienced cancer lawyers at Porter Law Group to learn your rights and options for pursuing justice and compensation.

What You Must Prove and What Records Matter

In New York medical malpractice cases, including delayed cancer diagnosis, you generally must prove:

Standard of care: What a reasonably careful doctor or hospital in the same specialty and community would have done under similar circumstances (for example, ordering follow-up imaging or referring to a specialist when certain "red flag" symptoms or test results appear).

Breach: That the provider failed to meet that standard by not ordering appropriate tests, not following up abnormal results, or not referring you when a reasonably competent provider would have done so.

Causation: That this delay or failure more likely than not allowed the cancer to progress or otherwise worsened your outcome (such as a higher stage, more aggressive treatment, or reduced chance of survival).

Damages: That you suffered real harm (physical, emotional, or financial) such as additional surgeries, more extensive chemotherapy, loss of earnings, or loss of chance of better outcome.

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What Records Matter Most

For a delayed cancer diagnosis case review, the most important records usually include:

Imaging records: Radiology reports (X-rays, CT, MRI, PET, ultrasound, mammogram) and the actual images where possible, especially any that mentioned nodules, masses, lesions, or suspicious findings, and any recommendations for follow-up imaging.

Pathology and biopsy reports: Biopsy results, surgical pathology, cytology (for example, Pap tests, fine-needle aspiration), and any earlier "equivocal" or atypical findings that may have warranted more aggressive follow-up.

Office and hospital records: Primary care, urgent care, emergency room, and specialist notes documenting your reported symptoms, physical exam findings, assessments, and plans (including whether cancer was considered in the differential diagnosis). Referral notes and consultation reports showing when you were sent to, or should have been sent to, specialists such as oncologists, surgeons, gastroenterologists, pulmonologists, or gynecologic oncologists.

Lab results: Blood tests (CBC, chemistry, tumor markers), stool tests (for blood or other abnormalities), and other relevant labs, with dates and any abnormal values that were not adequately addressed.

Timeline and patient communications: Appointment history showing when you first reported symptoms, when tests were ordered, and when you received results. Patient portal messages, letters, and phone logs documenting how and when results were communicated to you (or not communicated) and any advice about follow-up.

Putting these records into a clear symptom-and-testing timeline helps medical experts compare what happened to what should have happened under accepted standards of care.

How These Cases Are Proven

In plain language, delayed cancer diagnosis cases in New York are usually proven by:

Comparing care to accepted standards: Medical experts (often board-certified in the relevant specialty) review your records and explain what competent providers in Albany and across New York are expected to do with specific symptoms, imaging, and lab results. They identify specific departures from these standards (for example, failure to order colonoscopy for rectal bleeding, failure to follow up a suspicious lung nodule, or failure to biopsy a breast mass).

Showing the delay changed the outcome: Experts then explain how much earlier the cancer likely would have been detected if appropriate steps had been taken, and how earlier detection would have affected staging, treatment options, and prognosis. In cancer cases, this often focuses on evidence that earlier diagnosis would have allowed less invasive treatment or a substantially better chance of long-term control or cure.

Documenting damages: Economic damages (medical bills, lost income, future care costs) and non-economic damages (pain, suffering, loss of enjoyment of life) are supported by medical records, employment records, and expert testimony.

New York law requires that a medical malpractice lawsuit be supported by expert opinion that there was a departure from accepted practice and that this departure caused injury, which is why detailed records and experienced medical experts are central in these cases.

What You Should Know About Lavern's Law

Lavern's Law, enacted in New York State in 2018, extends the statute of limitations for cancer misdiagnosis cases. For negligent failure to diagnose cancer or a malignant tumor, New York's Lavern's Law modifies the standard statute of limitations so that patients generally have two years and six months from the date they discovered, or reasonably should have discovered, the malpractice, with an outer limit of seven years from the date of the negligent act. This discovery-based rule only applies to cancer and malignant tumor misdiagnosis claims and provides crucial additional time for patients to seek justice in cases of delayed or missed cancer diagnosis.

Frequently Asked Questions

How long do you have to sue for medical malpractice in NY?

Under New York law, most medical malpractice lawsuits must be filed within two years and six months (30 months) from the date of the alleged negligent act or from the last treatment where there is continuous treatment for the same condition. This general statute of limitations is set out in New York Civil Practice Law and Rules (CPLR) section 214-a.

How many years do you have to sue someone for malpractice?

For medical, dental, or podiatric malpractice in New York, the standard time limit is two years and six months, subject to specific exceptions like continuous treatment, foreign objects left in the body, and special rules for failure to diagnose cancer. Other types of professional malpractice (such as legal malpractice) may have different time limits under other sections of the CPLR, so the precise deadline depends on the type of malpractice and the facts of the case.

Is delayed cancer diagnosis malpractice?

A delayed cancer diagnosis can be medical malpractice in New York if a healthcare provider fails to act as a reasonably careful provider would (for example, not following up abnormal imaging or labs, or not ordering appropriate tests or referrals) and that failure causes a worse cancer outcome. However, not every delay is legally actionable. You must show both a departure from accepted medical standards and a causal link between the delay and measurable harm such as more advanced disease, more extensive treatment, or reduced chance of survival.

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Why Choose the Porter Law Group

At the Porter Law Group, we understand the devastating impact that cancer misdiagnosis can have on patients and their families. Our team of experienced attorneys is dedicated to providing compassionate, personalized legal representation to those affected by medical malpractice in Albany and throughout New York State. We have a proven track record of success in handling complex cancer-related cases and are committed to fighting for the justice and compensation our clients deserve.

How We Can Help

The Porter Law Group offers comprehensive legal support for cancer misdiagnosis cases in Albany. We work tirelessly to investigate your case, gather evidence, consult with medical experts, and build a strong legal strategy tailored to your specific situation. Our goal is to secure the maximum compensation possible for your medical expenses, lost wages, pain and suffering, and other damages resulting from the misdiagnosis or delayed treatment of cancer.

Contact Malpractice Attorneys in Albany

If you believe you or a loved one has been a victim of cancer misdiagnosis or delayed diagnosis in Albany, don't hesitate to reach out to the Porter Law Group. We offer no-obligation consultations, allowing you to speak with our staff free of charge about your case. Our firm works on a contingency fee basis, meaning there's no fee unless we win your case. To schedule your free consultation or learn more about how we can help, you can email us at info@porterlawteam.com, call our toll-free number at 833-PORTER9 or contact us through our website. Let us fight for the justice and compensation you deserve.