Last Updated on February 13, 2024

What Is A Cancer Lawyer?

A cancer lawyer is an attorney who specializes in cases of medical malpractice leading to delayed or missed cancer diagnoses. They assist patients and families in seeking compensation and justice when negligence or errors result in negative health outcomes. A cancer lawyer can review records to determine if proper protocols were followed, help navigate complex legal processes, and advocate for patients' rights.

Cancer misdiagnoses can significantly impact treatment and survival rates. By working with a cancer lawyer, patients aim to hold providers accountable in order to prevent similar outcomes for others.

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Cancer Misdiagnosis By the Numbers

When Do You Need a Cancer Lawyer?

There are several situations where hiring a cancer lawyer may be advised:

Misdiagnosis or Delayed Diagnosis

  • Failure to detect cancer during screenings, scans, or tests
  • Interpretation errors leading to incorrect or missed diagnosis
  • Delays in follow-up when abnormal results are found
  • Not meeting standards of care for diagnostics

According to one study, misdiagnoses often occur due to doctors not performing the correct tests or misreading results.

Surgical Errors

  • Damage to organs/tissues unrelated to cancer
  • Retained foreign objects after surgery
  • Infection due to poor sanitization
  • Need for additional procedures to correct errors

Medication Errors

  • Administering or prescribing the wrong medications
  • Giving improper dosages of cancer drugs
  • Failing to manage side effects appropriately

Failure to Monitor or Follow Up

  • Neglecting post-treatment monitoring protocols
  • Missing signs that cancer has advanced or spread
  • Inadequate long-term tracking of remission status

Research shows regular surveillance is key for detecting recurrence early. Without diligent follow-up, survival outcomes suffer.

Legal Time Limits

It's important to consult a cancer lawyer promptly if considering malpractice legal action due to strict deadlines:

  • In New York, patients have 2 years and 6 months (30 months) from the incident date to file a lawsuit. For children, the timeframe begins once they turn 18.
  • The clock starts when the error likely occurred or was discovered, making an early case review the key to getting things figured out.
  • Evidence fades, laws change – delays can negatively impact a case.

Meeting with a cancer lawyer shortly after suspected malpractice allows sufficient time to investigate and build the strongest arguments before the limitation expires. Don't wait to get help – statutes of limitations won't.

Proving Medical Negligence

To demonstrate medical malpractice related to cancer misdiagnoses or treatment in New York, several legal elements must be established:

  • Medical providers have a duty of care – they must meet reasonable professional standards.
  • Breach of duty occurs when providers fail to deliver this expected level of care.
  • If a lapse in care directly results in additional harm, the cause must be made clear.
  • The patient must have suffered quantifiable injuries and losses from added health issues.

According to New York laws, patient-plaintiffs must show physicians deviated from accepted medical practice and this deviation caused preventable impairment in a legally recognizable manner.

A skilled cancer lawyer will help demonstrate all aspects of medical negligence.

Gathering Evidence and Building Your Case

If deciding to pursue compensation via a cancer lawsuit, a lawyer can help assemble a strong case:

Obtaining and Reviewing Medical Records

  • Thoroughly examining records from diagnostics, screenings, treatments
  • Identifying inconsistencies pointing to failures in duty of care
  • Requesting missing documentation

Consulting Expert Witnesses

  • Medical experts to assess standards and opine on breaches
  • Economists to calculate monetary damages like lost earnings

Estimating Damages

  • Physical and emotional suffering from disfigurement, disability
  • Loss of income and benefits from inability to work
  • Shortened lifespan reducing quality years left

Quantifying harm in terms of quality of life, out-of-pocket expenses, and years lost aids in seeking a fair settlement.

Why Hire a Cancer Lawyer?

A dedicated lawyer offers:

  • Industry knowledge – Laws, medical standards, protocols
  • Resources – Relationships with experts, ability to gather records
  • Strategy building – Determining the strongest arguments
  • Settlement negotiating – Maximizing compensation for clients' losses

Cancer misdiagnosis cases are highly complex. An attorney well-versed in associated laws and common defenses can best demonstrate negligence.

If You Or A Loved One Experienced Cancer Malpractice

If you or a loved one suffered harm from errors occurring during cancer diagnosis or treatment in New York, the professional attorneys at the Porter Law Group can help. Our legal team operates on a contingency basis with no upfront fees – we only collect if we win your case.

With decades of specialty experience in medical malpractice law, we are committed to protecting your rights after lapses in cancer care. We aim to maximize compensatory damages so you receive the settlement you deserve.

At the Porter Law Group, we understand choosing counsel during an already difficult time carries stress. That's why we offer free case evaluations – contact us to discuss your potential claim in confidence. Call 833-PORTER9 or email to schedule a risk-free consultation with our qualified cancer lawyer professionals.

Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on February 9, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on February 9, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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