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Can I Sue for Delayed Cancer Diagnosis?

Sophia Soraya

July 19, 2024

If you suffer preventable harm due to a medical error, it can be devastating and costly. Fortunately, in many cases, you can take legal action and seek relief for issues such as a delayed cancer diagnosis if you can prove that the negligence of a healthcare professional caused harm.

At Varcadipane & Pinnisi, P.C., we understand that when a medical professional fails to diagnose cancer on time, it can lead to significant health complications, and additional costs, and diminish the chances of a successful treatment. Medical malpractice attorneys from our firm can assess your options and build a strong claim to safeguard your rights in an already difficult time.

What Are the Main Causes of Delayed Cancer Diagnosis?

Primary care physicians play a crucial role in the early detection of cancer. However, diagnosing cancer is relatively rare for each individual physician, since over 80% of cancer patients exhibit symptoms that are not specific to cancer.

Delayed cancer diagnosis in various levels of treatment can be caused by several factors, including:

  • Misinterpretation of test results. Radiologists or pathologists may fail to correctly interpret imaging scans or biopsy results.
  • Failure to order appropriate tests. Doctors may overlook ordering necessary diagnostic tests based on symptoms presented.
  • Ignoring symptoms. Healthcare providers might dismiss or underestimate the significance of symptoms reported by the patient.
  • Communication errors. Miscommunication between different healthcare providers can lead to delays in diagnosis or treatment.
  • Inadequate follow-up. Failure to follow up on abnormal test results or patient complaints can result in significant delays.

Your lawyer will investigate the actual cause of the delayed detection of cancer. If negligence on the part of the doctor was involved, the attorney will help you determine the appropriate course of action in the pursuit of justice.

Common Signs of Delayed Diagnosis

Patients with delayed cancer diagnosis may exhibit some symptoms that doctors and patients need to watch out for. These signs include the following:

  • Prolonged symptoms despite repeated visits to healthcare providers.
  • Unexplained worsening of your condition without an adequate explanation or treatment plan.
  • Advanced-stage cancer discovery when earlier detection could have led to a better prognosis.
  • Missed communication of crucial test results or lack of follow-up on abnormal findings.

What Impact Can Delayed Treatment Have on Clients?

Delayed treatment of cancer can have devastating impacts on patients. When diagnosis is delayed, cancer may progress to more advanced stages, thus making it harder to treat and reducing survival rates.

With delayed cancer diagnosis, patients often face the need for more aggressive treatments, such as extensive surgery. The quality of life for these patients may dramatically decrease due to the intensity of the treatment regimens and emotional strain.

A medical malpractice lawyer in New Jersey will meticulously assess the full impact of the delayed diagnosis and treatment when calculating recoverable damages. This ensures that victims of delayed cancer diagnosis receive just and adequate compensation for their hardships.

How Can I File a Lawsuit for Delayed Diagnosis?

Filing a lawsuit for a delayed cancer diagnosis involves a few steps to build a strong case. First, gather as much evidence as possible, including medical records, test results, and documentation of your symptoms and treatments. This evidence is helpful in proving medical negligence and that the delay of cancer diagnosis caused you harm.

Next, contact your medical malpractice lawyer in New Jersey immediately. One of the key things your attorney will do is engage an expert witness to provide an affidavit of merit. In New Jersey, this affidavit must be signed by a qualified healthcare professional who asserts that there is a reasonable probability that the care provided fell below-accepted standards. This document lays the groundwork for your claim and must be submitted within 60 days of the defendant’s answer to the complaint.

The lawyer will then proceed to file your lawsuit within the stipulated 2-year timeline (NJ Stat. § 2A:14). He will prepare your case and help you seek the compensation you deserve for the harm caused by the delayed cancer diagnosis.

How Can a NJ Medical Malpractice Lawyer Help You?

A winning medical malpractice claim involves a robust legal strategy to be able to go against the negligent professional doctors or health institutions and win. A medical malpractice lawyer provides professional knowledge of medical malpractice law to ensure that you have access to justice.

Your lawyer will assist in gathering and analyzing all necessary evidence. They will negotiate tirelessly to seek fair settlements that adequately compensate you for your suffering. They will also quantify the full impact of the delayed cancer diagnosis to ensure that the compensation sought reflects the true extent of harm suffered.

If you believe you have suffered due to a delayed cancer diagnosis, it’s essential to act quickly. The attorneys at Varcadipane & Pinnisi, P.C. will handle your medical malpractice case effectively and offer personalized legal strategies tailored to your unique case. Contact us today for a free initial consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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