Published on:

Appeals Court Dismisses Malpractice Case Alleging Cancer Misdiagnosis

A missed or delayed diagnosis of thyroid cancer can have devastating consequences for a patient. If this has happened to you or someone you love, we are here to serve you. Our diligent Syracuse medical injury lawyers have extensive experience in New York medical malpractice, including cases of thyroid cancer misdiagnosis. You can rest assured that we are committed to providing skilled legal representation to you every step of the way so we can secure the compensation you rightfully deserve for your harm.

Boland v. Imboden

In a recent New York medical malpractice case, a woman filed a medical malpractice lawsuit alleging her doctor was negligent in diagnosing thyroid cancer. On appeal, the doctor claimed that the New York State Supreme Court improperly denied her motion for summary judgment to dismiss the complaint against her. In support of her motion, the doctor had provided evidence including an expert’s opinion that she had adhered to the appropriate standard of care in the case. In response, the patient failed to raise a triable issue of fact to defeat the motion. While the patient did submit an affidavit in support of her case, the medical expert’s opinion in the affidavit was speculative, conclusory and not supported by competent evidence. In short, the patient failed to meet her burden of showing how the doctor violated the appropriate standard of care. As such, the appeals court granted the doctor’s motion and dismissed the complaints against her.

Liability in Thyroid Cancer Misdiagnosis Cases

Thyroid cancer is the fifth most common cancer in the United States. This type of cancer is highly treatable if it is detected early. In most cases, the detection of thyroid cancer involves a primary care physician taking patient complaints seriously. If any early signs of thyroid cancer come up, the doctor will refer the patient to an endocrinologist who will perform diagnostic testing such as blood work, scan and/or a biopsy.

When a doctor’s diagnosis error leads to incorrect treatment, delayed treatment or no treatment at all, the patient’s condition can get worse and could even lead to death. If this has happened to you, the at-fault medical professional may be liable for medical malpractice. In order to prevail in a medical malpractice claim based on the wrong diagnosis, you must show the following: i) a doctor-patient relationship exists; ii) the doctor was negligent in that he or she made a mistake, was careless or committed misconduct; and iii) the doctor’s negligence was a direct and proximate cause of injury to the patient. 

Hiring a Trusted Syracuse Medical Malpractice Attorney

If you have suffered from thyroid cancer and believe that it was the result of a medical professional’s negligence, you need legal counsel. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reputable and hard-working Syracuse cancer misdiagnosis attorneys will work diligently to get you the compensation you deserve for your harm. With years of experience, we understand how to provide high-quality legal services while being compassionate at the same time. For a free consultation, call us at 315-479-9000 or reach us online.

More Blog Posts:

Tire Accident Kills New York City Police Department Employee on Expressway, Syracuse Personal Injury Blog, August 31, 2018

New York Medical Malpractice Involving Keratitis, Syracuse Personal Injury Blog, August 24, 2018

Medical Malpractice in New York Can Be Caused by Language Barriers, Syracuse Personal Injury Blog, August 17, 2018

Contact Information