Free Consultation. Call Now.
(516) 394-4200
(516) 394-4200 
(516) 394-4200
A cervical cancer diagnosis can feel utterly devastating. It feels even worse, however, when you receive a misdiagnosis due to your doctor’s lack of care in dealing with a pap smear or other indicators. A Uniondale cervical cancer lawyer could help you seek compensation when you have faced a missed diagnosis, misdiagnosis, or other act of medical malpractice related to a cervical cancer diagnosis.
You may need to file a cervical cancer lawsuit for several reasons. A Uniondale cervical cancer attorney could help you determine whether you have grounds for a claim.
A misdiagnosis of cervical cancer may occur because of a contaminated sample from a pap smear, or may also occur when a doctor fails to provide an accurate diagnosis based on the patient’s symptoms and samples provided. The misdiagnosis may lead to the patient receiving unnecessary treatments, including treatments that can interfere with fertility.
A failed cervical cancer diagnosis allows cancer cells to continue to grow and spread. When this occurs, a patient suffers worse symptoms and has to endure longer medical treatments. In some cases, the cancer may spread to other areas of the body
If a care provider does not provide the required treatments once finding cervical cancer, it can cause symptoms to increase and cancer to spread. Failure to treat can occur because of errors in reporting tests or because the medical provider fails to communicate the findings to the patient in a timely manner.
If a care provider fails to inform a patient about all the treatment options and the possible consequences of the treatments, including cases in which the treatment can interfere with the patient’s fertility, the care provider may bear liability for damages caused due to the failure to properly inform the patient. of that failure to offer information.
Compensation in a cervical cancer lawsuit can depend on the damages suffered by the patient and the care provider’s medical malpractice insurance. In most cases, however, patients can claim compensation in several key areas.
Patients should file a cervical cancer lawsuit within three years of discovering the medical malpractice, including discovering misdiagnosis or failure to diagnose. However, they should reach out to a cervical cancer lawyer in Uniondale as soon as possible to learn more about their rights since an experienced cervical cancer lawyer can help them move forward with the claim and lawsuit process. Contacting a lawyer early in the process can also make it easier to collect evidence of medical malpractice.
What all the potential grounds for a cervical cancer lawsuit have in common with each other is that they all may constitute a violation of the standard of care a physician owes to their patients. Doctors are expected to always act in accordance with their skills and experience as a professional. Anyone who acts in a way that no other equally qualified physician would have acted under the same circumstances has violated their standard of care.
The primary goal of a cervical cancer lawsuit is showing through available evidence that the plaintiff’s injuries and subsequent losses from their illness most likely stemmed from a specific breach of the standard of care the defendant owed to them. Successfully establishing causation of harm in this way fulfills all the basic criteria for legal negligence.
Someone found negligent in relation to their treatment of cervical cancer can be held liable for all economic and non-economic forms of harm where their negligence will directly cause the plaintiff suing them to experience, including:
A Uniondale cervical cancer attorney can provide vital assistance with building a malpractice claim that accounts fully for your specific losses.
Legal counsel can also play a key role in meeting the unique procedural requirements placed by New York state law on malpractice litigation, most notably the affidavit of merit requirement. Under New York Civil Practice Law & Rules § 3012-a, lawyers assisting with medical negligence claims must consult with at least one medical expert about the claim. That expert must affirm that they believe the claim has merit.
This medical expert can also serve as an expert witness at trial if necessary, explaining their position in further detail and offering clarification about aspects of medical practice that a layperson might not be aware of. With complex cases like those built around cervical malpractice, it may be necessary to have multiple expert witnesses testify about different aspects of the condition and various ways in which a physician negligently failed to address it properly.
Malpractice plaintiffs must prove it is more likely than not that a specific physician’s specific unprofessional act was the primary cause of the losses they are seeking compensation for. In legal terms, this standard of proof is called a preponderance of the evidence, and while it is not as strict as the beyond a reasonable doubt standard for criminal cases, it can still require extensive evidence from multiple sources, such as:
Guidance from capable legal representation can be crucial to finding and preserving key information, as well as incorporating it into a compelling argument in favor of civil restitution.
Medical malpractice related to a cervical cancer diagnosis can cause devastating losses, including loss of fertility. If you faced medical malpractice related to this type of cancer, a Uniondale cervical cancer lawyer could help you learn more about your rights and pursue the compensation you deserve. Contact Duffy & Duffy, PLLC, to discuss your claim.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
