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Failure to Diagnose Cancer in Children

Lawyers Helping Families Harmed by the Failure to Diagnose Cancer in Children in Rochester, Syracuse, and Upstate New York

It is estimated that in the United States, approximately 10,000 children are diagnosed with cancer each year. Even though it is relatively rare when compared to cancer in adults, cancer in children is a significant health concern. The prognosis of pediatric cancer patients often depends on the stage at which the disease is diagnosed. Generally, the earlier the cancer is detected, the better the chances of successful treatment and long-term survival. Consequently, the failure to diagnose cancer in children can cause devastating and irreparable harm. If your child was injured by a missed or delayed cancer diagnosis, you have the right to pursue medical malpractice claims against the providers responsible for their losses, and you should consult a lawyer. At DeFrancisco & Falgiatano, Personal Injury Lawyers our capable Syracuse medical malpractice attorneys are proficient at handling claims against reckless healthcare providers, and if we represent you, we will advocate zealously on your behalf. We regularly represent families in medical malpractice claims in Syracuse, as well as in Rochester and cities throughout Upstate New York.

Symptoms of Cancer in Children

Detecting cancer in children can be challenging, as the symptoms may overlap with those of common childhood illnesses. As such, it is crucial for healthcare professionals to conduct thorough evaluations when children present with any concerning health issues.

Some general symptoms that might raise concern include persistent and unexplained fever, unusual and continuing pain, unexplained weight loss, fatigue, and changes in the appearance of the eyes. Additionally, chronic headaches, frequent infections, and lumps or masses in the abdomen, neck, or other parts of the body can be indicative of underlying issues.

The diagnosis of cancer in children typically involves a combination of medical history evaluation, physical examinations, and various diagnostic tests. Blood tests may reveal abnormal cell counts, and imaging studies such as X-rays, CT scans, or MRIs can help identify the location and extent of tumors. In some cases, a biopsy may be necessary to determine if cancer cells are present.

Elements of a Lawsuit Arising Out of the Failure to Diagnose Cancer in Children

An early and precise diagnosis of cancer in children is pivotal for initiating timely and appropriate treatment and ultimately influences the prognosis and outcome for children facing cancer. As such, the failure to diagnose cancer in children can cause lasting harm and, in many instances, constitutes grounds for pursuing a medical malpractice claim.

Typically, a plaintiff pursuing damages for medical malpractice must demonstrate the defendant’s negligence. In New York, four elements comprise negligence, and a plaintiff must prove each element to prevail. The first element, duty, is an obligation owed by the defendant to the plaintiff. In other words, the defendant has a duty to provide treatment that comports with the applicable standard of care, which is what is considered the accepted and good practice of medicine within the relevant community. The second element, breach, is a departure from the standard of care. The third element, causation, is a link between the defendant’s breach of the standard of care and the fourth element, actual harm.

As the judge or jury deciding fault in a medical malpractice case typically will lack independent knowledge regarding the standard of care imposed on doctors, the plaintiff will usually have to hire a medical expert to explain the standard of care as well as how the treatment offered by the defendant failed to meet the standard, thereby causing the plaintiff’s injuries.

Talk to an Experienced Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New York

Cancer is a harrowing diagnosis at any age, but a timely diagnosis can help reduce the chance of permanent detriments. If your child suffered losses due to a doctor’s failure to diagnose their cancer, it is wise to talk to an attorney about your options. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can inform you of your rights and gather the evidence needed to provide you with a strong chance of a successful outcome. Our main office is located in Syracuse, and we regularly represent parties in medical malpractice cases in Syracuse, Rochester, and other cities in Upstate New York. You can contact us to arrange a free and confidential consultation by using our online form or by calling us at 833-200-2000.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
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