Thanks to numerous advancements in medical science, technology, and general practices over the past several decades, virtually every type of cancer can be effectively treated and often entirely cured if identified early enough. Even with all the advantages of modern medicine, medical professionals who fail to act in accordance with the standard of care can still misdiagnose or otherwise mistreat patients with cancer, which can lead to those patients suffering preventable and potentially life-threatening harm.
If your cancer was not diagnosed quickly or you did not receive appropriate treatment after your diagnosis, you may have grounds for legal action that a skilled malpractice attorney can help you pursue. Cases of this nature can be challenging even in comparison to other types of malpractice litigation. The sooner you get in touch with a Bronx cancer malpractice lawyer, the better your odds will be of achieving a favorable result from your unique claim.
The most common form of cancer malpractice that experienced attorneys in The Bronx see is cancer misdiagnosis, which can take the form of a doctor failing to identify cancer early enough, diagnosing a patient with the wrong type of cancer, or diagnosing a patient with the wrong condition altogether. The root cause of this mistake can range from minor lapses in communication between different healthcare providers to egregious errors in ordering, performing, and interpreting the results of detection tests. Both scenarios could justify litigation if they constitute a violation of the expected standard of care for the physicians involved.
While less common, cancer malpractice can also occur after cancer is diagnosed and a course of treatment begins, particularly if that treatment involves the use of methods like chemotherapy, which can have harmful side effects if conducted improperly. Since no form of medical treatment is guaranteed to work perfectly for every patient, a negative outcome from a course of cancer treatment is not enough by itself to justify a malpractice lawsuit.
The state of New York’s statute of limitations for malpractice cases based on alleged cancer misdiagnosis is unique. Most malpractice cases must begin within two years and six months of when the malpractice in question actually occurred or when a negligent course of treatment concluded.
For cancer misdiagnosis cases specifically, the 30-month filing period begins when the affected patient discovers they have cancer. As a cancer malpractice lawyer in The Bronx can explain, the filing period can only be extended up to a maximum of seven years after the malpractice actually occurred, even if it takes you a while to discover that you were harmed.
A doctor failing to identify and treat cancer as early as possible in its development can have catastrophic repercussions, especially if the cancer proceeds through multiple stages of development before it is diagnosed. While money alone cannot make up for every form of harm this sort of negligence can cause, it can do a lot to improve your financial stability and overall quality of life while also ensuring you get the best care possible going forward.
A conversation with a Bronx cancer malpractice lawyer will give you answers to questions you have about your rights and guidance about what steps you should take to enforce those rights. Call today to set up a meeting.
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