Breast Cancer Lawyers in New York

According to the National Cancer Institute's latest data, breast cancer continues to be one of the most frequently diagnosed cancers in America, with approximately 297,790 new cases reported in 2023. Statistics show that roughly one in eight women will face a breast cancer diagnosis during their lifetime. And while early detection leads to an encouraging 90% five-year survival rate, this number plummets dramatically to 29% when the cancer is discovered in advanced stages, underscoring the vital importance of timely and accurate diagnosis.

The consequences of medical negligence in breast cancer cases, particularly involving delayed diagnosis or misdiagnosis, can be life-altering. Healthcare guidelines recommend regular mammogram screenings beginning at age 40, with earlier screening for individuals at higher risk.

When medical professionals fail to recommend appropriate screening, incorrectly interpret test results, or overlook concerning symptoms, critical treatment windows are missed, often necessitating more aggressive interventions.

As America's largest metropolis, New York City boasts a population exceeding 8.8 million and stands at the forefront of medical excellence. The medical institutions at NYC strive to deliver quality service. However, instances of medical malpractice can still occur. If you or a loved one experienced medical malpractice in any of the following places, it is prudent to seek immediate legal assistance:

• New York Presbyterian Hospital
• Hospital for Special Surgery
• NYU Langone Health Hospital
• Mount Sinai Hospital

When medical negligence impacts your breast cancer diagnosis, and you find yourself in need of a cancer misdiagnosis attorney, the Porter Law Group stands ready to fight for your rights. Our dedicated legal team possesses a deep understanding of both New York's healthcare landscape and the intricacies of medical malpractice litigation.

View the results we've achieved for previous clients, and see why so many have trusted us during their time of great need.

Do I Have a Breast Cancer Malpractice Case?

You may have a breast cancer malpractice claim if:

• A provider missed or did not schedule appropriate follow-up for a breast lump, abnormal exam, or abnormal screening result.
• There was a significant delay in ordering diagnostic imaging or biopsy after you reported symptoms or an abnormal screening mammogram.
• A radiologist or pathologist misread or failed to appropriately interpret your mammogram, ultrasound, MRI, or biopsy specimen.
• A primary-care provider, OB-GYN, or radiologist failed to refer you promptly to a breast specialist or surgeon despite red-flag findings.
• The delay meant your cancer was found at a later stage, required more aggressive treatment (like mastectomy or chemotherapy), or led to a worse prognosis than reasonably expected with timely care.

You are more likely to have a viable New York breast cancer malpractice case when there is both a clear delay or mistake in diagnosis or treatment and a measurable worsening of stage, treatment, or outcome. In New York, most medical malpractice claims (including delayed breast cancer diagnosis) must be filed within two and a half years, subject to special discovery and continuous treatment rules for cancer cases.

Why Choose the Porter Law Group?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.

You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.

When you or a loved one's life has been devastated by a serious personal injury in New York, don't hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.

What is Breast Cancer?

Breast cancer develops when cells in the breast tissue begin to grow uncontrollably, typically originating in the ducts or lobules. While the median age at diagnosis is 62 years, this disease can affect people of all ages. Modern treatment protocols may include various combinations of surgery, chemotherapy, radiation therapy, and hormone therapy, with treatment plans tailored to each patient's specific diagnosis and cancer stage.

Time is a crucial factor in breast cancer treatment success. With disease progression, treatment options become increasingly aggressive and expensive. Late-stage diagnoses often require more extensive surgical procedures and prolonged chemotherapy treatments. For New York City residents, prompt diagnosis can mean the difference between maintaining their career momentum and facing extended periods of intensive medical intervention.

Learn more about Breast Cancer here:

• Breast Cancer Treatment
• Signs and Symptoms of Breast Cancer
• Early Detection for Breast Cancer
• Breast Cancer Diagnosis
• Breast Cancer Survival Rates

Common Breast Cancer Diagnosis Mistakes

Medical errors in breast cancer diagnosis, or any type of cancer, can occur at multiple points in the healthcare process. Understanding these common mistakes can help you recognize whether negligence played a role in your case:

• Failure to follow up abnormal findings: Not repeating an abnormal or unclear mammogram, or not following up a palpable lump that persists despite "reassuring" imaging.
• Delayed or missing imaging and biopsy: Waiting months to order diagnostic mammography, ultrasound, or tissue biopsy after a patient reports a suspicious mass or abnormal screening.
• Misread scans or pathology: Misinterpretation of mammograms, failure to compare with prior films, or misreading biopsy specimens so cancer is incorrectly labeled benign.
• Breakdowns in communication and referral: Abnormal results not communicated to the patient, or failure to refer to a breast surgeon or oncologist when guidelines and symptoms warrant it.

What is Medical Malpractice?

In the context of breast cancer, medical malpractice occurs when healthcare providers deviate from established standards of care during diagnosis or treatment. Legal claims require proof of several elements: an established doctor-patient relationship, a failure to meet professional care standards, and demonstrable harm resulting from this failure.

Breast cancer malpractice often manifests as missed or delayed diagnoses due to various factors, including failure to order necessary diagnostic tests, misinterpretation of imaging results, dismissal of patient concerns, or inadequate follow-up on suspicious findings. These oversights can allow cancer to advance undetected, necessitating more intensive treatments later.

Consider a scenario at NYU Langone's Perlmutter Cancer Center: if a healthcare provider misreads mammogram results or fails to recommend appropriate follow-up testing, such negligence could allow the cancer to progress significantly, potentially requiring more aggressive treatment approaches and compromising the patient's prognosis.

What You Must Prove and What Records Matter

In New York, a breast cancer malpractice case must prove three core elements: deviation from the standard of care, causation, and damages.

What You Must Prove

Understanding the legal requirements for a successful malpractice claim can help you evaluate your case. Think of your case as a timeline showing what should have happened versus what actually happened:

1. Standard of care at each point in time

What a reasonably careful primary-care doctor, OB-GYN, radiologist, or pathologist should have done with your symptoms and test results, based on accepted guidelines. For example, timely diagnostic imaging and biopsy for a suspicious mass, and regular screening starting at age 40 for average-risk patients.

2. Where the standard was broken (negligence)

Identify specific acts or omissions, such as not acting on an abnormal mammogram, not ordering a biopsy, or not communicating a positive pathology report, despite red-flag findings.

3. How the delay changed the course of the disease (causation)

Show that if appropriate testing or referral had occurred on time, the cancer likely would have been diagnosed earlier, at a lower stage, with less extensive treatment and better long-term prognosis.

4. Resulting harms (damages)

Document the tangible consequences: higher stage at diagnosis, more invasive surgeries, chemotherapy or radiation that might have been avoidable, increased risk of recurrence or death, lost income, and pain and suffering.

You can analyze it this way: symptom or abnormal test → what should have happened → what actually happened → how much later the cancer was found and how that changed treatment and outcome

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What Records to Gather

For a breast cancer case review, lawyers and medical experts typically want:

• All screening and diagnostic mammograms, including images and radiology reports, plus prior comparison films if available.
• Breast ultrasound and any breast MRI images and reports ordered for the same concern.
• Biopsy orders and results, including needle, core, or surgical biopsy reports, and any later repeat biopsies.
• Pathology reports, including tumor type, grade, receptor status (ER/PR/HER2), margins, and any amendments or corrected reports.
• Office notes and referrals from primary-care providers, OB-GYNs, radiologists, breast surgeons, and oncologists, showing when symptoms were reported and what follow-up was recommended.
• Treatment records documenting stage at diagnosis, surgeries, chemotherapy, radiation, and follow-up, which are crucial to show how the delay changed treatment and prognosis.

The True Cost of Delayed Breast Cancer Diagnosis

The National Cancer Institute reports that breast cancer treatment costs can range from $75,000 to upwards of $250,000, varying by stage and required interventions. In New York City's premium healthcare market, these expenses often exceed national averages significantly. Early-stage treatment typically involves lower costs compared to advanced-stage interventions, emphasizing the financial impact of delayed diagnosis.

Beyond the substantial medical expenses, families must contend with emotional hardship, income loss, and diminished quality of life. In New York City's high-cost environment, extended absence from work due to delayed diagnosis can create severe financial strain. The psychological burden of knowing that earlier detection could have led to less invasive treatment compounds the overall impact on patients and their families.

What Damages Can You Receive Compensation For In A Breast Cancer Misdiagnosis Lawsuit?

Victims of breast cancer misdiagnosis or delayed diagnosis in New York City may be entitled to substantial compensation. The Porter Law Group assists clients in recovering damages for:

• Current and projected medical costs
• Income loss and diminished earning potential
• Physical pain and emotional suffering
• Mental anguish and psychological distress
• Reduced quality of life
• Additional medical interventions necessitated by delayed diagnosis
• Rehabilitation expenses
• In-home care costs
• Spousal relationship impact
• Wrongful death compensation (in fatal cases)

The Porter Law Group brings extensive experience in handling complex medical malpractice cases throughout New York City. We collaborate with leading medical experts from the city's premier healthcare institutions to construct compelling cases demonstrating how diagnostic failures led to preventable harm and additional expenses.

Frequently Asked Questions

Who can I sue for breast cancer?

In New York, potential defendants in a delayed diagnosis or misdiagnosis breast cancer case can include individual physicians (such as primary-care doctors, OB-GYNs, radiologists, pathologists, breast surgeons, and oncologists) and the hospitals, clinics, or imaging centers where they practice. Liability depends on which provider(s) failed to meet the standard of care at key points, such as not ordering appropriate tests, misreading results, or not communicating abnormal findings, and on whether those failures contributed to a later, more serious diagnosis.

Depending on what went wrong, you may have claims against individual doctors and the hospital, clinic, or imaging center involved in your care.

What is the breast cancer law in NY?

New York medical malpractice cases, including breast cancer misdiagnosis, are governed by Civil Practice Law and Rules section 214-a, which generally gives patients two and a half years (30 months) to sue from the malpractice date or the end of continuous treatment for the same condition. Under "Lavern's Law," for cases involving failure to diagnose cancer, patients also have a limited "discovery" window: they can sue within two years and six months from when they knew or reasonably should have known of the negligence, subject to an outside cap measured from when the malpractice occurred.

In New York, most breast cancer malpractice cases must be filed within 2½ years, but cancer diagnosis cases have special discovery and continuous treatment rules that can change the deadline.

What is the 2 week rule for breast cancer?

Many clinical pathways emphasize prompt evaluation of suspicious breast symptoms, but there is no single New York statute that guarantees diagnosis or treatment within exactly two weeks. Expert guidelines instead focus on timely steps, such as prompt diagnostic imaging after an abnormal screening, and timely biopsy and referral for suspicious findings, with evidence supporting regular screening beginning at age 40 for average-risk individuals.

There isn't a formal "two-week law" in New York, but accepted medical guidelines stress prompt imaging, biopsy, and referral when there are red-flag signs, and long unexplained delays can support a malpractice claim.

What is the average malpractice settlement in NY?

There is no reliable "average" settlement that captures how much a specific New York breast cancer malpractice case is worth, because outcomes depend heavily on age, stage shift due to delay, prognosis, and economic losses. National data show that cancer-related malpractice claims tend to produce relatively high indemnity payments compared with many other conditions, but New York-specific public sources report a wide range of payouts rather than a single typical number.

New York does not publish a single "average" malpractice payout for breast cancer cases. These claims can resolve for widely varying amounts depending on how the delay changed the stage, treatment, and long-term outlook.

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Contact a Breast Cancer Misdiagnosis Attorney in New York City

If you or someone you love has experienced breast cancer misdiagnosis or delayed diagnosis in New York City, reach out to the Porter Law Group at 833-PORTER9 or email info@porterlawteam.com for a complimentary case evaluation. We operate on a contingency fee basis, ensuring you pay nothing unless we secure compensation for your case.

Our team recognizes the profound impact of medical negligence on New York City families. We're committed to holding healthcare providers accountable while securing maximum compensation for our clients. With our comprehensive understanding of both medical malpractice law and New York City's healthcare landscape, we provide effective advocacy for victims of diagnostic errors.

Time limitations apply to medical malpractice claims, so don't delay in seeking legal guidance. Contact us today for a free, no-obligation consultation. Let the Porter Law Group advocate for your rights while you concentrate on your recovery and well-being.