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(516) 394-4200
Approximately 39% of men and women will be diagnosed with some type of cancer in their lifetime, according to recent evidence. Fortunately, advances in both medicine and treatment have increased the survival rate for many of those people.
But only if it’s caught in time.
Many cancers are treatable if identified in the early stages. If too much time elapses, though, the cancer may metastasize and make recovery more difficult, more expensive, or in the truly tragic cases, downright impossible.
Early detection and diagnosis is crucial when it comes to surviving cancer.
An abnormal growth of cells, the disease can quickly multiply and spread to various parts of the body. In fact, there are over 100 different types of cancer, with breast, lung and bronchus, prostate, colon and rectum, and bladder the top five in terms of American cases.
Cancer is one of the leading causes of death in the country, second only to heart disease, with an estimated 1,685,210 new cases – and nearly 600,000 deaths – this year alone.
The third leading cause? Medical error or misdiagnosis. That’s a frightening statistic. Recent research suggests it accounts for about 10% of annual deaths across the country.
There are more than 12 million medical misdiagnoses each year, and as many as half of those are cancer-related. A quarter of all malpractice lawsuits are related to either a misdiagnosis or a missed diagnosis in the US.
As many as 1 in 70 patients are diagnosed with cancer when they do not actually have the disease, leading to unnecessary treatment, surgery, or chemotherapy.
But many people are misdiagnosed with something else when they do in fact have cancer. This can lead to missed treatment options, and increased mortality rates. Timing is everything with this disease.
To be blunt, a missed or delayed cancer diagnosis can prove fatal. It can turn what could have been a simple tumor removal or short treatment into something very lengthy, costly, and painful. It can have life-changing ramifications for even survivors.
Preventing misdiagnosis requires vigilance from both medical professionals and patients. Physicians must adhere to established diagnostic protocols, conduct comprehensive exams, order appropriate imaging or laboratory tests, and refer patients to specialists when symptoms persist or are unclear. Effective communication among radiologists, pathologists, and treating physicians is essential to ensure that abnormal findings are not overlooked. For patients, keeping detailed personal and family medical histories, seeking second opinions, and maintaining copies of medical reports can help ensure accurate diagnoses.
Cancer misdiagnosis typically occurs in three major forms: missed, delayed, and incorrect. A missed diagnosis happens when a physician completely fails to identify the presence of cancer, often dismissing symptoms as less serious conditions. A delayed diagnosis occurs when the correct diagnosis is made, but only after valuable time has been lost—time that could have made a critical difference in treatment options and prognosis. Finally, an incorrect diagnosis involves identifying cancer where none exists, leading to unnecessary and often harmful treatments such as chemotherapy, radiation, or invasive surgery. Each of these failures represents a serious breach of medical duty and can form the basis for a malpractice claim when it results in harm to the patient.
There are many reasons a doctor might miss a cancer diagnosis:
All of these are examples of negligence in one way or another, and if your cancer diagnosis was delayed because of them, you’re entitled to compensation to help with the fallout.
There’s no excuse for it. A missed or delayed diagnosis can leave you confused, angry, frustrated, and perhaps even fighting for your life. Those responsible should be held accountable.
The physical and emotional toll of a misdiagnosed cancer is profound. For those whose diagnosis is delayed or missed entirely, the disease may spread to other organs, reducing the likelihood of successful treatment and survival. Even when eventually identified, advanced cancer often requires more aggressive interventions—prolonged chemotherapy, major surgeries, or radiation therapy—all of which bring significant side effects and increased costs. Beyond the physical consequences, patients often endure severe psychological distress, lost income, and loss of trust in their medical providers. In cases of incorrect diagnosis, individuals may suffer permanent harm from unnecessary treatments, while the real underlying condition goes untreated. Families of those who succumb to cancer due to diagnostic errors face devastating emotional loss as well as substantial financial burdens.
In order to launch a successful medical malpractice suit, your lawyer must prove negligence in either their examination of you, or their interpretation of results. You must be able to answer ‘yes’ to each of the following questions:
Did the doctor owe you a duty? If you were in an official doctor-patient relationship, the answer is yes.
Did they deviate from “standard of care”? If another doctor or expert would have properly diagnosed based on the same evidence, the answer is yes.
Did this failure on their part cause you harm (physical, financial, condition worsened, medical bills, missed work)? If yes, then you have a strong malpractice case.
Nothing can get back the lost time and treatment options, but a missed or delayed cancer diagnosis should not put undue financial strain on you or your family.
At Duffy & Duffy, we believe that prevention begins with accountability. Our firm has spent decades representing individuals and families harmed by medical negligence, including delayed or missed cancer diagnoses. We work closely with medical experts to determine how and why a misdiagnosis occurred and what steps could have prevented it. When negligence plays a role, we fight to hold providers and institutions responsible, ensuring that patients receive compensation for medical costs, lost wages, and pain and suffering. More importantly, by pursuing these claims, we help promote systemic changes that protect future patients from similar harm. Our commitment to improving patient safety across New York remains unwavering.
The attorneys at Duffy & Duffy are here to provide guidance, clarity, and experienced legal advocacy. Together, we can help you seek justice and secure the resources you need to focus on recovery and peace of mind.
A battle with cancer is hard enough without having to worry about finances. If your fight has been made more difficult by a missed or delayed diagnosis, contact the malpractice lawyers at Duffy & Duffy, PLLC. We’ll get you the justice you deserve so you can put 100% of your efforts into winning that fight.
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