Early diagnosis is one of the most powerful weapons in the fight against cancer. The sooner cancer is detected, the sooner you can plan to get the essential and often life-saving treatment you need to combat this disease. When diagnosis is delayed, patients are frequently forced to take more extreme and expensive measures to treat their illness. In many cases, it may be too late to reverse the costly and devastating damage done by the disease.
When a cancer diagnosis is delayed due to carelessness or negligence from a healthcare professional, patients may be entitled to legal compensation for the financial, physical, and emotional harm they’ve suffered. The attorneys at O’Connor, Parsons, Lane & Noble have spent decades helping New Jersey residents hold negligent healthcare professionals accountable for their dangerous oversights.
If you’ve experienced a delayed cancer diagnosis due to a physician’s mistake, you have rights and options. Contact our office to schedule a free consultation with a seasoned New Jersey delayed cancer diagnosis lawyer today.
Causes of Delayed Cancer Diagnosis Medical Malpractice
There are many reasons that a patient’s cancer could be overlooked or misdiagnosed. A delayed diagnosis becomes potential medical malpractice when a physician’s negligence or carelessness is involved. Here are common situations where a medical provider’s oversight can lead to a delayed cancer diagnosis:
- Failure to obtain a complete medical history and identify high-risk patients;
- Lack of appropriate diagnostic testing;
- Improper identification of signs and symptoms of cancer;
- Misinterpretation of test results, medical charts, or X-rays;
- Neglect in following-up with patients after abnormal test results;
- Radiology errors;
- Poor communication among staff; and
- Insufficient consultation with appropriate specialists.
Sometimes, a late diagnosis can result from something as simple as sloppy recordkeeping or lost paperwork. Medical providers are human and, unfortunately, not immune from inattentiveness and disorganization.
Compensation for Delayed Cancer Diagnosis in New Jersey
Under New Jersey law, patients harmed by a medical professional’s negligence can file a malpractice lawsuit to recover damages for their injuries. With the help of a New Jersey delayed cancer diagnosis attorney, victims of medical malpractice could receive compensation for financial and emotional losses resulting from malpractice. These potential damages can include:
- Past medical expenses,
- Future medical expenses,
- Lost income and benefits,
- Front pay,
- Pain and suffering,
- Loss of enjoyment of life, and
- Loved ones’ loss of financial support and companionship.
Under state personal injury law, punitive damages can also be awarded when a provider acts with extreme malice or recklessness. However, punitive damages in medical malpractice cases are rare.
Proving Medical Malpractice for Delayed Cancer Diagnosis
In legal terms, medical malpractice occurs when a healthcare professional harms a patient by giving them below-standard care. When this happens, you can take legal action by filing a civil lawsuit against the doctor, hospital, laboratory technician, or other medical provider.
To prove your malpractice claim, you have to show the following:
- A medical provider owed you a duty of care as a patient,
- The provider failed in their duty of care,
- You suffered an injury, and
- The provider’s breach of duty directly caused your injuries.
Meeting the legal requirements for a medical malpractice claim requires a thorough investigation into your medical history and relationship with the physician. If you’re considering a malpractice lawsuit, it’s best to gather all medical records and communications relevant to your cancer diagnosis as soon as possible.
Expert testimony is also critical in any medical malpractice case. New Jersey law requires plaintiffs in medical malpractice cases to get an affidavit of merit from a medical professional credentialed in the type of cancer relevant to the case. The skilled perspective of a medical expert is also essential to show how your physician violated their duty of care to you as a patient.
How a New Jersey Delayed Cancer Diagnosis Lawyer Can Help
Many patients are intimidated by the complexity of medical malpractice claims. However, the support of a legal professional familiar with New Jersey’s laws around delayed diagnosis malpractice can help significantly ease the burden of pursuing your case. Some ways a skilled attorney can help you include:
- Closely evaluating the details of your case and ensuring that you have the basis for a successful malpractice claim;
- Conducting a thorough investigation to gather valuable medical records and documentation;
- Finding a medically qualified expert witness who can speak to the substandard care you received;
- Ensuring you meet all filing requirements before the statute of limitations; and
- Negotiating with opposing counsel and insurers to maximize the compensation you recover.
When you’re represented by O’Connor, Parsons, Lane & Noble, you can expect attentive, compassionate support at every step in the legal process.
Trusted New Jersey Delayed Cancer Diagnosis Lawyers
Delayed cancer malpractice cases are notoriously complex. They involve complicated debates over legal liability and highly technical medical terminology. For that reason, representation by a seasoned malpractice attorney is crucial for bringing a viable lawsuit. At O’Connor, Parsons, Lane & Noble, our attorneys have 100 years of combined experience fighting and winning compensation for patients hurt by careless healthcare providers. Our team’s skill, integrity, and professionalism have won the trust of New Jersey residents across the state.
Contact us to schedule a free consultation with one of our New Jersey delayed cancer diagnosis attorneys to learn how we can help you.