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Cancer Malpractice

New York Cancer Malpractice Attorneys

The Importance of Early Detection & Treatment

Cancer is one of the deadliest illnesses in the United States. According to the Centers for Disease Control and Prevention (CDC), more than 1 million men and over 900,000 women in the U.S. are expected to be diagnosed with cancer this year (2020). Additionally, the number of new cases of cancer is expected to increase over the next decade.

Call our New York cancer malpractice attorneys at (800) 817-5029 or contact us online for a free consultation.

 

Early detection and treatment are two of the most important elements of successfully eradicating cancer in a patient. Generally speaking, the earlier cancer is treated, the better the chances of survival. This depends on early detection and a correct, timely diagnosis from a medical professional. Unfortunately, delayed diagnoses, missed diagnoses, and misdiagnoses of cancer are all too common—often with fatal results.

If you believe that your cancer diagnosis was delayed or that your loved one was misdiagnosed, you have the right to explore your legal options. You could be the victim of medical negligence and could possibly be entitled to financial compensation for your damages, such as: medical bills, lost earnings (including future income), pain and suffering, and emotional distress. Simonson Goodman Platzer PC can help you determine if you have grounds for a claim and, if so, can aggressively advocate for you throughout the legal process.

What is Cancer Malpractice?

Cancer malpractice refers to situations where healthcare providers or medical professionals fail to meet the standard of care expected in diagnosing, treating, or managing cancer in a patient. This negligence or substandard care can result in harm, worsened condition, delayed treatment, or even death of the patient.

Common causes of cancer malpractice include:

  • Misdiagnosis or Delayed Diagnosis: Failure to correctly identify cancer or delays in diagnosing it can significantly impact the patient's prognosis and treatment options.
  • Treatment Errors: Mistakes in the administration of treatments like chemotherapy, radiation therapy, or surgery can cause harm or worsen the patient's condition.
  • Failure to Follow-up: Neglecting to monitor a patient's condition, conduct necessary tests, or track progress can lead to complications or undetected recurrence.
  • Surgical Errors: Errors during cancer-related surgeries, including wrong-site surgery or damage to surrounding healthy tissues.
  • Medication Errors: Incorrect dosages, wrong medications, or mismanagement of drugs during cancer treatment.
  • Inadequate Informed Consent: Failing to properly inform patients about the risks, benefits, and alternatives to treatment options can lead to legal issues.
  • Failure to Refer or Consult: Not referring the patient to specialists or seeking consultations when necessary can lead to missed opportunities for appropriate care.
  • Failure to Document or Communicate: Inadequate documentation of patient history, tests, or treatment plans, as well as poor communication between healthcare providers, can result in errors or complications.

How Cancer Malpractice Can Happen

Several contributing factors can lead to instances of cancer malpractice:

  • Lack of Communication: Inadequate communication among healthcare providers or between the medical team and the patient can result in critical information being overlooked or misunderstood. This can lead to errors in diagnosis or treatment.
  • Diagnostic Errors: Misinterpretation of test results, failure to order appropriate tests, or overlooking symptoms can lead to misdiagnosis or delayed diagnosis of cancer.
  • Inadequate Training or Knowledge: Medical professionals who lack updated knowledge or training in the latest cancer diagnostic and treatment methods may make mistakes or miss critical developments in patient care.
  • Time Pressures and Workload: Healthcare settings with high patient volumes or time pressures may lead to rushed decisions or shortcuts in diagnosis, treatment planning, or patient monitoring.
  • Failure to Follow Guidelines: Disregarding established medical guidelines for cancer screening, diagnosis, or treatment protocols can result in suboptimal care.
  • Poor Documentation: Incomplete or inaccurate medical records can lead to misunderstandings, errors in treatment, or lack of follow-up care.
  • Inadequate Patient Follow-Up: Failing to follow up on test results, appointments, or referrals can delay diagnosis or treatment initiation.
  • Informed Consent Issues: Not providing patients with sufficient information about the risks, benefits, and alternatives to treatment can lead to legal issues if the patient suffers harm due to a lack of informed consent.
  • Equipment and Technological Failures: Malfunctioning or outdated medical equipment, as well as technological failures in imaging or diagnostic tools, can contribute to errors in diagnosis or treatment planning.
  • Inadequate Supervision or Oversight: Lack of supervision or oversight in healthcare settings can result in medical professionals making errors or overlooking critical aspects of patient care.

In California, to succeed in a cancer malpractice lawsuit, you typically need to establish that the healthcare provider owed you a duty of care, the healthcare provider breached the standard of care owed, there is a direct link between the breach of duty and the harm you suffered, and there is evidence of measurable damages resulting from the breach of duty.

In medical malpractice cases, expert testimony from qualified medical professionals is often crucial. Experts in the same field as the defendant must support your claim by testifying that the defendant's actions or omissions deviated from the standard of care and directly caused the harm suffered by the patient.

Types of Cases We Handle

Our highly experienced and award-winning attorneys have extensive experience representing patients and families who have suffered inexcusable harm as a result of medical malpractice. We devote a significant portion of our practice to cancer malpractice claims, fighting on behalf of victims and their loved ones who have received substandard medical care.

At Simonson Goodman Platzer PC, we assist clients in cancer malpractice cases involving:

This is not a comprehensive list; if you suffered injuries, complications, or the death of a loved one due to a doctor or health care provider’s failure to provide an acceptable level of care during the diagnosis or treatment of cancer, turn to our team to learn how we can help.

Damages in Cancer Malpractice Claims

When cancer is not diagnosed in a timely manner—or at all—patients are often unable to get the treatment they so critically need. By the time they receive a diagnosis and begin treatment, they are likely to require more aggressive treatment, which can be physically, emotionally, and financially demanding.

Our team seeks to help victims of cancer malpractice not only secure justice but also obtain the crucial financial compensation they need for damages such as:

  • Medical bills
  • Future medical care costs
  • Treatments and medications
  • Medical equipment
  • Lost wages
  • Future lost earnings
  • Reduced/lost quality of life
  • Pain and suffering
  • Loss of love, companionship, and support
  • Loss of financial support
  • Loss of consortium

We understand the myriad ways in which cancer affects the lives of patients and their loved ones. We believe that you should not have to suffer additional hardships due to the negligence or wrongdoing of a trusted medical professional. Our New York cancer malpractice attorneys are prepared to take on medical providers, hospitals, oncologists, and insurance companies in the pursuit of the full, fair recovery you are owed.

Providing Personalized & Compassionate Legal Support

Treating cancer can be an all-consuming process, particularly when your diagnosis was delayed and aggressive treatment is needed. Rather than focus on your legal claim, we want you to focus on getting the competent medical care you need. Our New York cancer malpractice lawyers will handle all of the complexities of your case, including investigating who was negligent and how this negligence affected your life, so that you can work on getting treatment.

Throughout the process, we do everything we can to ease your stress and provide consistent communication and updates on the status of your case. We know that the process can be daunting, but we are here for you every step of the way.

Simonson Goodman Platzer PC offers contingency fees, meaning there are no upfront or out-of-pocket expenses for you. Instead, our attorneys only get paid if and when they win your case. In our decades in practice, our attorneys have successfully secured over $200 million and have obtained favorable settlements and verdicts in 98% of the cases we have handled.

Give us a call at (800) 817-5029 to schedule a free and confidential consultation with a New York cancer malpractice lawyer today. 

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations might be.

  • $87 Million Work Accident Verdict

    The firm won $87 million in the Bronx County Supreme Court for a laborer who was left paralyzed as a result of a work accident in March 2004.

  • $18 Million Medical Malpractice Settlement

    $18,000,000 verdict on behalf of a twin born after a long delay with a severe brain injury-hypoxic ischemic encephalopathy.

  • $7.9 Million Medical Malpractice Verdict

    $7,900,000 verdict for failure to monitor glucose levels in post CABG patient leads to death of 47 year old leaving a wife and two children.

  • $7.5 Million Medical Malpractice Settlement

    $7,500,000 recovery for a baby who was seriously brain-damaged at the time of his birth. Due to a delay in delivery, the baby lost vital oxygen to his brain and develop cerebral palsy.

  • $6.4 Million Medical Malpractice Settlement

    $6,400,000 recovery for a young woman’s pregnancy that was mishandled before she went into labor leading to seizures with resultant brain damage.

Hear What Our Clients Have to Say

    "Accommodating and Professional"
    The attorneys were kind, accommodating and professional. I couldn’t be happier with the settlement they achieved for me.
    Inbar V.
    "Totally Changed My Life"
    They have done an amazing job to win my case without even going to the court.
    Sezgin T.
    "Highly Recommend"
    Highly recommend!! I had the pleasure of working with Paul Simonson during the worst time of my life. He is knowledgeable, professional & he truly cares. When other attorneys turned down my case Mr. Simonson got results! I will be forever grateful.
    Dawn M.
    "I would highly recommend this firm."
    I would highly recommend this firm. Ted knows the law and did a great job.
    Dana
    "I Felt Comfortable and Supported"
    They were honest and clear about the process of bringing a lawsuit forward and managed my expectations.
    Nate G.
    "I Highly Recommend This Law Firm"
    Thank you, Mr. Goodman and Mr. Simonson very much for looking out for me and always having my best interest at heart!
    Naresh T.
    "The gratitude I feel towards them is immeasurable."
    Based on my experience with this firm, their name should be empathy, compassion and brilliance. Their kindness and attention to detail was second to none. I truly cannot say enough good things about Paul, Ted and this firm. The gratitude I feel towards them is immeasurable.
    Nic R.
    "There are no amount of words that can show how grateful I am for all they have done."
    Ted Goodman was amazing in the courtroom and eloquently argued my case. If I could give them 10 stars I would, they truly changed my life. There are no amount of words that can show how grateful I am for all they have done.
    Ashley W.

Why Choose Simonson Goodman Platzer PC?

  • Personalized Legal Strategies.
  • Work Directly With An Experienced Partner.
  • Focused Practice Areas for Better Results!
  • 98% Success Rate for Our Cases!
  • Experienced Attorneys, You Can Count On.
  • Our Guarantee: No Recovery, No Fee.