Every cancer misdiagnosis affects patients profoundly; that’s a given. Some are thrown into a world of doubt, learning that what was originally classified as a benign condition is actually a rapidly-spreading malignancy. Others find that an over-vigilant physician misdiagnosed their harmless tumor as an aggressive cancer. But the fear of looking into the future, and seeing only uncertainty, has a much wider impact.
Just as every patient deserves compassionate care, every family deserves life-long support. After learning of a misdiagnosis, the very possibility of that support is called into question.
New York Medical Malpractice Lawyers
But you don’t have to go through this alone. Your family doesn’t have to go through this alone. By filing a cancer misdiagnosis lawsuit, you can begin building a hopeful future today.
At Banville Law, our malpractice lawyers are dedicated to protecting the rights of patients who have already been betrayed by their trusted medical professionals.
We believe it’s not enough to know that you were misdiagnosed; the true path to recovery means doing something about it.
Every year, our attorneys speak to hundreds of people who were misdiagnosed. Some are only just learning that they were misled, while others suspected for months that their physicians weren’t addressing their concerns properly. Confusion, anger, even rage at the doctors who stole precious weeks, months or years from their own lives and the lives of their families are common. But even more common is the most pressing question of all: how can I provide for the ones I love?
Filing a personal injury lawsuit is one answer to that question.
Can I Sue After A Cancer Misdiagnosis?
Before thoroughly investigating the care you received, we can’t answer that question.
Every legal malpractice claim rests on a fundamental idea:
As medical professionals, doctors, radiologists, and pathologists must be held to a standard.
While this standard varies depending on the type of cancer involved, there’s always a standard and it should always be followed. In legal terms, we call this the “standard of care.” When physicians deviate from the standard, harming a patient in some way, they can be held liable for the damage.
1. Did Your Doctor Break The Standard Of Care?
For general practitioners, the standard of care usually includes intuitive steps like:
- referring patients to a specialist when you’re “out of your depth”
- taking a comprehensive view of a patient’s symptoms and risk factors, rather than overlying on any one
- ordering additional tests to rule out other possible diagnoses
You don’t need to be a doctor to understand the value in taking precautions like that, especially when cancer, one of the world’s most aggressive killers, is involved. But in a medical malpractice lawsuit, it will; attorneys rely on the opinions of medical experts to define the standard of care that should have been followed and figure out whether that standard was violated in some way.
Here’s another way to think about the standard of care. What would a reasonable, similarly-educated medical professional have done under similar circumstances? The answer to that question is often the key to determining whether or not a client’s physician violated their profession’s generally accepted standard.
Do I Need A Medical Malpractice Lawyer?
While there are domains of personal injury that might not require professional legal counsel, medical malpractice probably isn’t one of them. In fact, influence from the medical insurance industry has made malpractice law one of the most complex legal fields in the country.
Beyond choosing qualified cancer misdiagnosis attorneys to handle your case, you should seek local counsel, someone with a deep understanding of the statutes that will affect the outcome of your claim. The laws and regulations surrounding medical negligence also vary widely by state. A viable case in Nevada might not be viable in New York.
To learn more about New York’s specific laws that can have an impact on cancer misdiagnosis lawsuits, click here.
How Do I Choose An Attorney?
Experience and compassion are key. Obviously, you’ll want to choose a lawyer who’s been there before, fought tough cases in court and come out on the winning side. But all the experience in the world doesn’t mean anything if your attorney won’t give you the time of day.
At Banville Law, we have two objectives:
- secure the maximum possible compensation for our clients
- treat every client as an individual, as someone who matters
Below are a few examples of success in medical malpractice lawsuits:
Medical Malpractice: Failure To Treat
Our attorneys won $2.5 million in compensation for the family of a 26-year-old who passed away after being sent home from the hospital without receiving any treatment.
Medical Malpractice: Failure To Diagnose
We secured a fair settlement for a 59-year-old client whose ovarian cancer went undiagnosed due to a radiologist’s negligence.
Medical Malpractice: Failure To Diagnose
Our lawyers recovered a substantial settlement for a 48-year-old who was diagnosed with sinus cancer late, forcing him to undergo debilitating surgeries.
Our practice is client-focused, bringing you the wealth of experience found at a national firm and the personal attention you’ll only get from a smaller shop.
How Long Do I Have?
For cases in New York, you have 30 months, or two and a half years, from the date a doctor’s negligent act or omission occurred to file a medical malpractice lawsuit.
There are several exceptions to that time limit, but far fewer than in other states. Exploring your legal options immediately is important.
How Much Will Hiring A Lawyer Cost?
Nothing. Banville Law charges no up-front costs. You only pay our New York cancer misdiagnosis attorneys after we’ve won a settlement or court award in your favor. Our goal is to see you fairly compensated, not become another burden to deal with. Learning more about your situation doesn’t cost anything either.