Oncology Malpractice

Oncologists are specially trained medical professionals who focus on diagnosing, treating, and managing cancerous tumors. When cancer is misdiagnosed or improperly treated by an oncologist, the consequences can be devastating for both patients and their families. Oncology malpractice is a significant and complex area of medical litigation in New York, where errors in cancer diagnosis and treatment often result in life-altering outcomes.

Recent studies show that oncology physicians face notably high malpractice exposure, with 9% of oncologists in the United States facing malpractice claims annually—surpassing the 7.4% average rate for all physicians. Oncology ranks third in malpractice risk among all specialties, trailing only gastroenterology and pulmonary medicine.

When oncologists fail to provide an appropriate standard of care, it may constitute medical malpractice and lead to serious legal and financial consequences.

Oncology Malpractice Lawyers in New York

If you or a loved one has suffered harm due to oncology malpractice in New York, an experienced medical malpractice attorney at The Porter Law Group can help you pursue justice and compensation you deserve. Our attorneys have extensive experience in handling complex medical malpractice claims, including those involving oncology errors and delayed cancer diagnosis.

New York leads the nation in medical malpractice activity, with residents filing nearly 16,000 medical malpractice lawsuits between 2012 and 2022. In 2024, New York led the nation with $550.12 million in total medical malpractice payouts across 1,205 cases. We work on a contingency fee basis, so there are no fees unless we win your case.

Call 833-PORTER9 or email info@porterlawteam.com to discuss your case during a free consultation.

What is Oncology?

Oncology is the specialized medical field dedicated to cancer diagnosis, treatment, and long-term care. It includes several subspecialties:

• Medical Oncology – Uses chemotherapy and medication
• Surgical Oncology – Performs tumor removal and biopsies
• Radiation Oncology – Administers radiation therapy
• Pediatric Oncology – Focuses on childhood cancers
• Gynecologic Oncology – Specializes in cancers of the female reproductive system

To properly diagnose and treat cancer, oncologists use both advanced technologies and evidence-based methods, including:

• Comprehensive patient histories and assessments
• Physical exams and clinical evaluations
• Biopsies and tissue analysis
• Diagnostic studies and imaging (e.g., CT, MRI, PET scans)
• Chemotherapy protocols
• Radiation therapy
• Surgical interventions

Legal Framework: Lavern's Law and Oncology Malpractice

New York significantly changed its approach to oncology malpractice cases with the passage of Lavern’s Law in January 2018. This landmark legislation amended the statute of limitations for cancer-related malpractice cases by implementing a discovery rule for failure to diagnose cancer or malignant tumors.

Under Lavern's Law, patients now have 2.5 years from the date they discover the malpractice to file a lawsuit, rather than from the date the malpractice occurred, with an overall cap of seven years from the actual date of the alleged malpractice.

The law honors Lavern Wilkinson, a woman who died in 2013 from undiagnosed lung cancer. Her radiologist failed to notify her of a suspicious mass seen on a chest X-ray. Because the error was discovered after the original 2.5-year deadline, she was legally barred from filing a lawsuit.

When Does Oncology Malpractice Happen?

Oncology malpractice may occur in several critical areas:

Diagnostic Failures

Diagnostic errors are the most common cause of oncology malpractice claims, with failure or delay in diagnosis accounting for 29% of medical oncology malpractice cases. Common diagnostic failures include:

• Failing to order appropriate tests when cancer is suspected
• Misinterpreting test results, imaging studies, or pathology reports
• Misdiagnosing cancer or failing to detect it altogether
• Delayed diagnosis that allows cancer to progress to advanced stages

Among all cancer-related malpractice claims, breast cancer is the most frequent, with diagnostic delays being the primary issue.

Treatment Management Errors

Treatment management constitutes another significant category, representing 29% of medical oncology malpractice claims. These include:

• Chemotherapy dosing errors or incorrect medications
• Inappropriate selection of treatment protocols
• Failure to prescribe necessary drugs or avoiding contraindicated ones
• Performing subpar surgery or inadequate surgical procedures
• Failing to clearly communicate treatment options and risks

Chemotherapy Malpractice

Chemotherapy malpractice represents a particularly serious subset of treatment errors. The toxic nature of chemotherapy drugs means that overdosing can result in fatal consequences, including blood complications and serious infections. Medication errors in oncology settings account for approximately 24% of oncology malpractice claims.

These mistakes can allow the cancer to spread unchecked, greatly reducing a patient's prognosis and survival chances. They can also allow the cancer to return, causing additional pain, suffering, and financial burdens.

What Type of Damages Can Be Recovered from Oncology Malpractice?

New York does not impose caps on medical malpractice damage awards, allowing juries to award any amount they deem appropriate. Cancer malpractice settlements in New York vary significantly based on the type of cancer, stage at diagnosis, and extent of harm caused by the malpractice.

Average compensation ranges:

• Breast cancer misdiagnosis settlements average around $2.5 million
• Prostate cancer misdiagnosis cases can reach $1.25 million
• Overall cancer misdiagnosis compensation ranges from $300,000 to over $1 million

In addition to medical costs, oncology malpractice victims may be able to recover financial compensation for:

Economic Damages

• Medical expenses (past and future treatment costs)
• Additional expenses for more aggressive treatment
• Loss of income and earning capacity
• Rehabilitation and long-term care costs

Non-Economic Damages

• Pain and suffering
• Emotional trauma and distress
• Loss of enjoyment of life
• Reduced life expectancy
• Loss of consortium (for spouses)

Special Circumstances

• Wrongful death damages for surviving family members

The most common injuries prompting oncology malpractice claims include patient death (50%), cancer metastasis (27%), adverse treatment reactions (25%), undiagnosed malignancies (20%), and reduced life expectancy (10%).

The Porter Law Group's Track Record for Cancer Diagnosis Cases

Helping patients who fell victim to oncology malpractice and late cancer diagnosis is something the Porter Law Group considers a specialty. We have successfully recovered substantial financial compensation for many clients in New York and their loved ones who were tragically affected by a doctor's failure to diagnose cancer.

Among our notable results are:

• $17.8 million for a 44-year-old man diagnosed with incurable Stage IV prostate cancer due to a physician's failure to order appropriate screening tests
• $6.5 million for a 41-year-old woman diagnosed with incurable Stage IV breast cancer due to a physician's failure to order appropriate screening tests
• $3.2 million for a 46-year-old man who suffered premature death due to a physician's failure to timely diagnose and treat colorectal cancer
• $2.8 million for a 51-year-old woman who suffered premature death due to a physician's failure to timely diagnose breast cancer
• $2.45 million for a 59-year-old man who suffered premature death due to a physician's failure to timely diagnose prostate cancer

We understand that no amount of money can replace a lost life, but a successful legal outcome can provide families with the resources to move forward and cover ongoing care costs.

Frequently Asked Questions About Oncology Malpractice

Q: How has Lavern's Law changed cancer malpractice cases in New York? 

Lavern's Law allows patients 2.5 years from the date they discover the malpractice to file a lawsuit, rather than from when it occurred. This is crucial in cancer cases where diagnostic errors may not be discovered until years later when the cancer has already progressed.

Q: What makes oncology malpractice cases different from other medical malpractice claims? 

Oncology cases are uniquely complex due to the life-threatening nature of cancer, the time-sensitive aspect of treatment, and the rapidly evolving field of cancer care. Even small delays can dramatically affect prognosis and survival rates.

Q: Can I file a claim if my cancer was eventually diagnosed, but the treatment was delayed? 

Yes. Delayed diagnosis that allows cancer to progress to more advanced stages can constitute malpractice. The key is whether earlier diagnosis would have provided better treatment options and improved outcomes.

Q: What if multiple doctors were involved in my cancer care? 

Oncology malpractice cases often involve multiple defendants, including primary care physicians, radiologists, oncologists, and hospitals. We can pursue claims against all responsible parties to maximize your recovery.

Q: How do you prove that a delayed cancer diagnosis constitutes malpractice? 

We work with board-certified oncology experts who can testify that the delay fell below the standard of care and directly caused harm. This requires analyzing medical records, imaging studies, and treatment protocols.

Q: What is the average settlement for cancer malpractice cases in New York?

Settlements vary widely based on cancer type, stage, and extent of harm. Breast cancer cases average around $2.5 million, while prostate cancer cases can reach $1.25 million. Each case is unique and depends on specific circumstances.

Q: Do I need to prove that I would have been cured if diagnosed earlier? 

No. You don't need to prove a cure was guaranteed. You only need to prove that earlier detection would have led to better treatment options, reduced harm, or improved your quality or length of life.

Q: How long do oncology malpractice cases typically take? 

These complex cases often take 2-4 years to resolve, depending on the medical complexity and number of defendants involved. We work diligently to resolve cases efficiently while maximizing recovery.

Injured by Medical Malpractice in New York?

Reach out to our experienced team for a free consultation.

Contact Us

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.     

Discuss Your Case with a New York Oncology Malpractice Lawyer

Cancer treatments are expensive, complicated, and potentially dangerous. Diagnosing someone with the wrong type of cancer, or mistakenly diagnosing a healthy patient with cancer can result in unnecessary treatments including resections, chemotherapy, or surgeries, which have serious side effects.

Delaying cancer diagnosis reduces survival rates for patients. Some treatments that can work in the early stages will no longer be effective when the cancer is advanced, necessitating more aggressive measures that pose greater risks.

Medical malpractice litigation, especially for delayed or misdiagnosed cancer, involves multiple legal and technical requirements. These cases need careful evaluation by medical professionals who can examine your tests and records to determine if your oncologist was negligent.

The Porter Law Group works with board-certified medical experts who can examine your case and testify on your behalf. We can take care of the complex legal process while you focus on recovering from your disease and spending time with your loved ones.

At the Porter Law Group, we take oncology malpractice and delayed cancer diagnosis seriously. We understand the devastating impact of cancer misdiagnosis and improper treatment, and we stand ready to negotiate and, if necessary, fight a legal battle on your behalf.

Call The Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com to arrange a free consultation with a dedicated New York oncology malpractice attorney. We're here to fight for the justice and compensation you deserve.

*Prior results do not guarantee a similar outcome.