Failure to Diagnose Cancer

Misdiagnosis Lawyers Assisting Patients Throughout New York City

The highly trained legal professionals at the Jesse Minc Law Group represent people in the Bronx and beyond who have been injured as a result of medical malpractice by doctors and other health care professionals. This includes patients who suffer serious harm when medical professionals fail to properly diagnose their conditions and ailments. Our Bronx misdiagnosis attorneys understand how difficult being a victim of medical malpractice can be, both for a patient who experiences it and for his or her family. We work aggressively to ensure that victims get the full compensation available under the law following a failure to diagnose cancer and that those responsible for their injuries are held accountable. We have a long history of success in obtaining substantial verdicts and settlements in personal injury cases and medical malpractice cases throughout the Bronx and New York City, and will investigate your case free of charge if you contact us today at (718) 354-8000.

Cancer is an unfortunately common, and often deadly, group of diseases in which abnormal cell growth often moves from one part of the body to another and wreaks havoc on the body’s tissues, organs and systems. Its causes are still not entirely clear, despite decades of research through which trillions has been spent worldwide in the search for a cure. Although modern medicine brings many tools to the table in the fight against cancer, the disease still results in millions of deaths each year. One key to fighting cancer is early detection and diagnosis. The sooner that medical professionals identify and start treating a disease, the more likely a person is to survive. This is why a failure to diagnose cancer is a crucial mistake that can have lasting consequences for victims and their families, which can be so serious as to include death.

Assert Your Legal Rights Against a Negligent Oncologist or Other Doctor

If you or a loved one has been injured by a misdiagnosis, whether it involves an ongoing disease like cancer or a more sudden event like a heart attack, you have the right to seek money damages from those responsible for this medical malpractice. These defendants are often the doctor or health care professional who made the mistake, as well as his or her employer, and in many cases a hospital or other medical facility at which negligent treatment takes place. A person seeking compensation for medical malpractice must generally file a lawsuit within 30 months (2.5 years) of the mistake. As of 2018, victims of misdiagnoses of cancer have, thankfully, had their time limits within which to file a medical malpractice lawsuit relating to a misdiagnosis of cancer to 30 months (2.5 years) of the time that the patient learns of, or should have realized, the misdiagnosis had occurred. This important law, known as “Lavern’s Law”, is a major advent in New York law and represents true progress and an increase in the justice available to victims of New York medical malpractice.

Misdiagnosis of cancer can occur in myriad ways. Often, patients will visit a physician to receive treatment for an illness or injury unrelated to cancer, and radiological testing such as X-Rays or MRIs will be performed. These films may clearly demonstrate a suspicion of cancer (such as by showing calcifications on a routine mammogram) that go unrecognized by the doctor at the time the test is performed. As time passes, the condition, which may have been in its nascent stages when it should have been detected, advances and symptoms begin to show up. As the patient contemplates their condition, they might remember having been administered that mammogram, and, suspecting that the doctor who took the mammogram may have missed something, will obtain the record of that mammogram and have it analyzed by another doctor (or, possibly, by experts hired by medical malpractice attorneys), only to discover the first doctor’s mistake in misreading the original mammogram films. Our medical malpractice lawyers have seen countless cases exactly like this one that, tragically, result in a misdiagnosis of cancer that permits the disease to advance and threaten the health and life of the malpractice victim.

The compensation typically available in medical malpractice cases, including those cases relating to the misdiagnosis of cancer, includes money for medical bills, missed wages due to time away from work, and any decrease in your earning capacity resulting from the malpractice. Additional money damages for pain, suffering, and emotional distress are also often available in these cases. In the unfortunate situation that a person dies as a result of a failure to diagnose cancer, his or her spouse has the right to seek compensation for wrongful death due to the malpractice.

To prove malpractice, our Bronx attorneys would need to show that the medical professional violated what courts call a “standard of care.” In failure to diagnose cancer cases, that means showing that the defendant did not properly recognize and appreciate that you were suffering from cancer under circumstances in which a reasonable doctor would have made an accurate diagnosis of cancer. That usually requires presenting expert testimony and other medical evidence to establish what would have been expected from a reasonable medical professional in the same situation. We also would need to show that you were directly injured as a result of the misdiagnosis and detail the full extent of your injuries. Our lawyers are experienced in these matters, and maintain a top-flight network of expert physicians who will review your case for you free of charge if you believe that you have been the victim of medical malpractice in the form of a misdiagnosis of cancer.

Talk to a Medical Malpractice Lawyer in the Bronx About Your Options

We have a strong track record of helping people injured by medical malpractice get the compensation that they deserve. The attorneys at the Jesse Minc Law Group are successful in court or at the negotiating table in more than 95 percent of the cases that we have accepted. We also limit the cases that we take in order to ensure that each client gets the personalized attention that he or she deserves. We offer clients direct access to our lawyers rather than subjecting them to the frustration of communicating through administrative staff. Our medical malpractice attorneys represent people who have been affected by a failure to diagnose cancer or other conditions, such as heart attack or stroke, throughout New York City, including in Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee in most medical malpractice cases unless we are successful. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla espanol.

Client Testimonials
★★★★★
When I got hurt after falling on a scaffold on a construction site, I could not work in construction anymore and did not know how I could support my family. I turned to Jesse Minc and I am very happy that I met him. He also discusses my case in Spanish with me when I want to, and that always made me feel comfortable. I believe that he is the best lawyer in New York City and I would recommend him to anybody who is injured.
★★★★★
After I was very badly hurt in a construction accident and could not work anymore, I turned to Jesse Minc. I have had a lot of lawyers over the years, but he is the best I ever had. Because I was a member of Local 6A Concrete Workers Union, I lost a lot of benefits, my pension and income when I got hurt and he made sure I understood how I could recover what I had lost. He and his team have been a Godsend to me and my family, and I am so glad that I chose him to represent us. Luke Rosa, Bronx, New York
★★★★★
My experience with Jesse Minc's firm was very rewarding. I personally dealt with Jesse Minc, who was a class act as my lawyer. He was always on call with any questions or help I needed in the process of my lawsuit. Jesse recovered a high six figure sum for a slip and fall accident I endured. He got the case settled in a reasonable time. If you are in need of lawyers for a lawsuit in New York City I highly recommend Jesse Minc's firm, they got me a very high settlement and were there for me personally every step of the way. Thanks to all the lawyers and staff. Salvador Ruiz, Brooklyn, New York
★★★★★
When I got hurt on a construction site and could not work anymore, one of my brothers from the Concrete Workers Local 6A union recommended Jesse Minc to be my lawyer and I am very happy I picked him to represent me. He really does have the human touch that a lot of lawyers lack. I would recommend Jesse Minc to anyone injured in a construction accident because he will fight to the end of the earth for his clients. Joseph Toro, Bronx, New York