You Shouldn’t Have To Suffer Because Of A Diagnosis Error
Getting an accurate diagnosis is the critical first step in any medical treatment. Unfortunately, far too often, diagnosis comes to late for some patients, resulting in a worsening condition and a more dire prognosis. For others, a misdiagnosis can even lead to the incorrect treatment, which may only exacerbate the situation or even make it worse.
You shouldn’t have to pay for someone else’s negligence. Our team will fight to recover damages caused by a doctor’s misdiagnosis. Call us at 908-228-2695 or send us an email to schedule a free consultation.
At Strauss Law Offices, LLC, we know the disastrous consequences that can come from a misdiagnosis, and we know what fair compensation for these injuries should be. We have built our reputation for success on more than 30 years of experience fighting for favorable outcomes in personal injury cases, and we are ready to fight for your best interests, too.
We Are That Someone Who Will Stand For You
Medical malpractice claims are difficult for the victim when they try to settle things on their own. The hospital of the negligent or reckless staff member will do everything in its power to minimize the compensation you receive, even if it means not paying you anything at all. Hospitals often employ large legal teams that can be incredibly intimidating for victims who simply want to see justice served.
We do everything in our power to help our clients get the outcome they deserve in their injury claims. From exploring the benefits of negotiation and litigation to using expert witnesses to benefit your claim, no measure is too small if it means protecting your future.
When we represent a client, we do not settle for “good enough” results. We want to help you get the resources you need to properly cover the costs of your injury. We never accept a settlement without a client’s consent, and we are not afraid of standing up to large legal teams to benefit our clients.
What You Need To Know About Diagnosis Errors
A cancer misdiagnosis can raise difficult questions about whether a healthcare provider met the required standard of care and whether an error caused additional harm. Below are some of the most common concerns people may have about missed diagnoses, cancer screenings and potential medical malpractice claims in New York and New Jersey.
What Are Common Signs That Cancer May Have Been Misdiagnosed in New York or New Jersey?
Worsening symptoms or missed warning signs may raise concerns about a cancer misdiagnosis, but they do not by themselves establish malpractice. In New York and New Jersey, the provider’s care must have fallen below accepted medical standards and directly caused quantifiable harm or disease progression.
Patients may want to take concerns seriously when a provider dismisses symptoms, delays testing or fails to provide needed follow-up care. A later doctor may also identify warning signs that an earlier provider missed.
What Types of Cancer Are Commonly Involved in Failure-To-Diagnose Claims?
Failure-to-diagnose claims can involve many types of cancer, including breast cancer, colon cancer, lung cancer, prostate cancer, skin cancer and gynecologic cancers. These cases may involve missed screenings, errors in reading images, delayed biopsies or symptoms linked to a less serious condition.
The facts of each case depend on the patient’s symptoms, medical history, test results and what the provider did or failed to do. To establish malpractice, a patient generally must show that the provider breached the accepted medical standard of care.
The patient must also show that the breach was a proximate cause or substantial factor in causing measurable injury, disease progression or a reduced chance of recovery. A lawyer may be able to assist you with this.
Can A Doctor Be Liable For Failing To Order Cancer Screening Tests?
A doctor may be liable for failing to order needed cancer screening or diagnostic tests if the failure breaches the accepted medical standard of care and causes measurable harm. Whether a doctor should have ordered a test may depend on the patient’s age, symptoms, medical history, family history and cancer risk factors.
Missing a screening test does not by itself prove malpractice. The patient generally must show that the provider’s failure was a substantial factor in causing measurable injury or a reduced chance of recovery.
Can I Have A Case If The Doctor Eventually Diagnosed The Cancer?
Yes, a delayed diagnosis claim may still proceed if the error caused measurable harm and if it came later than it reasonably should have. A patient generally must show that the provider breached the accepted medical standard of care and that the breach was a proximate cause or substantial factor in causing injury, disease progression or a reduced chance of recovery.
The claim must also meet strict filing deadlines. In New York, Lavern’s Law allows 2.5 years from discovery, subject to an absolute seven-year limit from the negligent act. In New Jersey, a claim generally must be filed within two years of when the misdiagnosis was or reasonably should have been discovered.
Cancer misdiagnosis claims can depend on complex medical evidence and strict legal requirements. If you believe a healthcare provider failed to properly diagnose or evaluate your cancer, an attorney can review the circumstances and help you understand your legal options.
You Should Not Be The One To Pay For Your Injury Costs
If you do not receive the fair compensation you deserve for your injuries, you may be the one who has to cover the remaining costs of your medical bills, lost income and other expenses. Instead of being the one to pay for the consequences of someone else’s actions, let us help you get the compensation you deserve.
We serve clients in New York and New Jersey from our offices in Westfield, New Jersey, and Nanuet, New York. If you are ready to schedule your initial consultation at one of our offices, call us at 908-228-2695 or email us here. Even if you are not sure if you suffered from medical malpractice, contact us today to confirm what we can do for you.