New York Cancer Misdiagnosis Attorneys

Legal Representation after a Failure to Diagnose Cancer

Cancer is one of the most frightening medical conditions a person can face. As medical technology has improved over the years, however, the chances of beating a cancer have increased too. The key to fighting cancer is catching it early, which is why proper screening, testing, and diagnosis is vital in treating any kind of cancer. When a medical professional fails to make a diagnosis that he should have, the results can be devastating.

If you or someone you love has suffered a cancer misdiagnosis, including a failure to diagnose, please don't suffer in silence. It is entirely possible that your doctor should have caught it sooner and given you more time to battle this terrible disease. Call Wingate, Russotti, Shapiro & Halperin, LLP, today at (212) 986-7353 to speak with a New York medical malpractice attorney. We can discuss your case, talk about mistakes your doctor may have made, and figure out how to move forward.

Cancer Misdiagnosis

There are different ways in which a medical professional can mess up when diagnosing something like cancer, including a general misdiagnosis. This means that the doctor runs tests and sees something is wrong, but comes to the wrong conclusion about what it is. For example, a doctor might notice something on an X-ray, but decide it is something other than cancer. Such a misdiagnosis slows down much-needed medical treatment and can result in unnecessary procedures, including surgery.

A misdiagnosis can also occur because a doctor failed to order the tests necessary to catch cancer early, even though he or she should have. Without the right information, medical professionals cannot come to the right diagnosis and take proper steps to battle cancer early on.

While just about any form of cancer can be misdiagnosed, some of the most common types include:

Failure to Diagnose

A failure to diagnose means that a doctor either completely missed the fact that something was wrong, or ignored evidence. This can happen when a doctor does not order the right tests, as well as when he or she overlooks the results. In a situation where another medical professional could have looked at the information and made a diagnosis, this is a serious medical mistake and rises to the level of malpractice.

Is a Misdiagnosis Medical Malpractice?

Answering that question depends on the details of a particular incident, but misdiagnosis is often considered malpractice. For malpractice to occur, there must be negligence, and damage caused by that negligence. That means that the actions taken by this doctor run contrary to what another, reasonable doctor would have done in the same situation.

For example, if a doctor fails to order a particular test, even though it is common practice for that test to be run in a given situation, that could be considered negligence. To prove it, you must have another doctor testify that he would have given the test or caught something that the negligent doctor missed on the results. Then, you have to connect the act of medical negligence directly to harm that has occurred to hold the doctor financially liable for injuries, medical expenses, and other damages. This is why you need an experienced medical malpractice attorney by your side.

If you or a loved one has been misdiagnosed when it comes to cancer, call Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353 and tell us what happened. Let us protect your rights and fight for you.

Additional Information



NY Cancer Misdiagnosis Verdicts & Settlements


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If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

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New York Failure to Diagnose Cancer Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm offices located in New York. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.

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