Cancer misdiagnosis is among the most common occurrences of medical malpractice. By delaying prompt treatments and allowing the disease to progress, mistakes like these put patients in unfairly disadvantageous positions.
With the help of experienced cancer malpractice lawyers, you and your family can get the compensation that you deserve. Such professionals extend their support and guide you through bureaucracies and negotiations. In this article, lay out the reasons why you should reach out to a licensed legal professional.
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1. They Help You Evaluate and Establish Your Claim
Despite your certainty that a form of medical malpractice was committed against you, the law would require you to establish four key elements before your claim is rendered valid. Your legal counsel is responsible for evaluating the strength of your claim. It is also their responsibility to establish the following elements:
| Duty of Care - Was there an appropriate doctor-patient relationship? |
| Breach of Duty - Did your doctor fail to uphold their legally sworn responsibilities? How? |
| Causation - Did your doctor’s actions/inactions directly cause you harm? How? |
| Damages - What did your doctor’s shortcomings cost you (financially, emotionally, medically)? |
Lawyers also have a pool of medical professionals they trust. Working alongside licensed medical experts, your lawyer could effectively pinpoint where negligence has occurred. Your legal counsel should also help you determine if your case falls within the NY Statute of Limitations, as these can be drawn differently from case to case.
2. They Help You Gather Evidence
There are rules that govern the admissibility of evidence in court. To be usable in court, evidence should be legally procured and properly presented - both of which require the assistance of a lawyer. Furthermore, privacy laws like HIPAA require various legal documents before your medical records may be released. Your lawyer can also help you procure the following:
- Your Medical Records - This serves as the foundation of your claim. A comprehensive record related to the patient's care would include documents such as doctor's notes, nurse's notes, specialist reports, hospital charts, diagnostic test results, etc.
- Policies and Procedures of the Respective Medical Facility - This helps your team determine if the service provided to you upholds set standards for care. This could include policies on infection control, medication administration, informed consent, and more.
- Doctor and Nurse Credentials - Your team could also scrutinize the credentials of concerned professionals (i.e., board certifications, education history, training & experience, etc.) if it strengthens your case.
- Expert Witness Opinions - With the lead from your lawyer, your team can source the most relevant and credible medical specialists (oncologists, radiologists, pathologists, nurses, etc.) that can help you strengthen your claim.
- Bills, Expenses, and Relevant Records - Your team may also collect all records indicating medical costs, additional treatments required, loss of income, pain & suffering stemming from the alleged malpractice. Aside from establishing your claim, these documents are also useful when accounting for damages.
3. They Help You File the Case
After your team’s initial investigation, your lawyer must then proceed actually to file the case. With your counsel’s expertise, you may navigate court-related bureaucracies and communications with the defendant. Filling a case can be broken down into the following general steps:
- Sending a Notice to the Defendants - Your team is legally required to notify the defendants before a case is filed – technically known as Intent to Sue. This serves as a warning before further legal actions are taken.
- Filing the Complaint - Your lawyer prepares and files the initial complaint to the respective court. This complaint states the allegations against the defendants, the causes of action, and the damages that warrant compensation.
- Serving the Defendants - This is a means to formally notify your healthcare providers that an actual complaint was formally filed against them. Copies of the complaint and official court summons are provided to the defendants at this stage.
- Discovery Stage - At this point, your team extensively exchanges information with the defendants, including written questions, document requests, sworn depositions, expert disclosures, and more.
After these steps, your team can proceed to discuss a settlement with the defendants. Successfully doing so would forego trials altogether. We will circle back on this later.
4. They Help You Account For Damages
According to the National Practitioner Data Bank, New York witnessed a near $416 million in compensation for all 865 reported cases in 2023. This means that the average compensation for a medical malpractice case for 2023 is $481,191. With the help of a lawyer, you can be properly compensated.
Here are some factors that lawyers account for when computing rightful compensation:
Economic Damages
- Cost of additional cancer treatments needed
- Lifetime cancer medication costs (if medications are now needed indefinitely)
- Home health care expenses
- Lost income due to cancer progression
Non-economic damages
- Pain and suffering due to cancer worsening
- Loss of consortium (damages reflecting impact to family/relationships)
- Reduced life expectancy valuation
- Emotional distress (plus expenses needed for counseling services)
- Disfigurement (physical impairment from any extensive cancer surgeries/treatments.)
The NY Department of Health also extends the Medical Indemnity Fund (MIF) for some medical malpractice cases. You may consult your lawyer regarding your eligibility to receive additional support from said fund.
5. They Help You With Settlements (and Get Compensated)
Up to 90% of medical malpractice claims end up in out-of-court settlements, meaning there is a very high chance your case won’t even have to go to court. Defendants opt for out-of-court settlements for various reasons – avoiding the uncertainty of a verdict, reducing negative publicity, and minimizing further legal expenses, among many other reasons.
A seasoned medical malpractice lawyer could effectively establish your case and put pressure on the defendants. However, apart from properly establishing your case, your lawyer must also negotiate figures effectively. Your lawyer must make sure that the monetary compensation that you ask is “reasonable” relative to the case that you've built – a stronger case equals higher compensation.
Speak to a Lawyer about Cancer Malpractice
At the Porter Law Group, we aim to safeguard your family’s best interest. With the help of our trusted medical partners, we investigate each case thoroughly and holistically. Our medical malpractice lawyers are ready to support you anytime. If you or someone dear has fallen victim to cancer malpractice in New York, please reach out to us for a no-obligation, free case evaluation. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
