A cancer diagnosis can be overwhelming, but when the diagnosis comes after repeated missed opportunities by doctors to detect the disease earlier, the situation becomes even more distressing. For example, an acquaintance recently shared a story about his cousin, who initially experienced swelling in his neck. Despite visiting doctors multiple times, he was misdiagnosed with an infection or flu. It wasn’t until the swelling worsened, and he sought a specialist, that he was correctly diagnosed with cancer. Fortunately, after surgery and chemotherapy, he is now recovering.
The Complexity of a Misdiagnosis
A delayed diagnosis of cancer can significantly impact treatment options and outcomes. To bring a malpractice lawsuit against a doctor or hospital for a missed diagnosis, certain elements must be proven:
- The cancer was present but went undetected.
- The doctor failed to order appropriate tests or refer the patient to a specialist.
- The delay in diagnosis caused the cancer to progress to a more advanced stage, requiring more extensive treatment or reducing the likelihood of a cure.
Proving a Medical Malpractice Claim
Medical records play a critical role in building a malpractice case. Attorneys rely on expert witnesses, often doctors with relevant expertise, to review records and testify about how earlier detection could have improved the patient’s outcome. Pathologists may analyze tumor cells to estimate the growth rate and determine how long the cancer went undetected.
Incidental findings on imaging, such as a mass noticed during an x-ray for an unrelated issue, can also serve as evidence. Radiologists are obligated to report any unusual findings, even if they are unrelated to the initial reason for the test.
Legal Deadlines and Lavern’s Law
In New York, the deadline to file a medical malpractice case is typically 30 months (2 years and 6 months) from when the malpractice occurred. However, Lavern’s Law, enacted in 2018, provides additional protections for cancer patients. Under this law:
- Patients have 2 years and 6 months from the date the cancer was discovered to file a claim.
- Claims can be made up to 7 years from the initial malpractice.
Lavern’s Law was named after Lavern Wilkinson, who tragically passed away after a delayed lung cancer diagnosis. Her case highlighted the need for extended deadlines to allow patients more time to seek justice.
Navigating Medical Malpractice Cases
Each medical malpractice case is unique, and the specifics of the delayed diagnosis will determine whether a claim can be made. The process can be complex, involving strict court rules and timelines.
If you or a loved one has been affected by medical malpractice, contact us to help navigate the legal process. We’ll handle the stress of dealing with doctors, hospitals, and insurance companies so you can focus on healing and recovery.