Failure to Diagnose Testicular Cancer
Testicular cancer is highly treatable if it is identified in its early stages. As with many cancers, though, once testicular cancer spreads the prognosis worsens. As such, an early and accurate diagnosis is key to a good outcome. Sadly, however, physicians often fail to notice or address concerning symptoms, and their careless oversights can damage their patients’ health. The failure to provide patients with a proper diagnosis often constitutes medical malpractice, and doctors should be held accountable for their negligence. If you suffered harm because of your doctor’s failure to diagnose testicular cancer, you have the right to pursue damages, and you should contact an attorney as soon as possible. The Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are dedicated to helping people harmed by medical negligence seek justice for their losses, and if you engage our services, we can advise you of your potential claims and help you to seek any compensation you may be owed. We regularly represent injured parties in medical malpractice cases in Syracuse, where our primary office is located, as well as in Rochester and other cities in Upstate New York.Diagnosing Testicular Cancer
While some forms of cancer have symptoms that mimic other conditions, the signs of testicular cancer are relatively distinct. They include lumps in the testicle, enlarged testicles, heaviness, pain, discomfort, or dullness in the scrotum, and excess fluid in the scrotum. Breast tenderness and enlargement, lower back pain, and pain in the groin or abdominal area are also signs of testicular cancer. If a patient presents with any of these symptoms, it should indicate to the doctor that the patient should undergo an immediate assessment.
Tests for testicular cancer may include blood tests, CT and PET scans, x-rays, and MRIs. A biopsy may be conducted as well. If a doctor fails to escalate the care of a patient who reports symptoms of testicular cancer, the cancer may spread, causing loss of fertility, reduced quality of life, diminished health, and, in some instances, death.Proving Liability for the Failure to Diagnose Testicular Cancer
Patients expect their doctors to provide them with competent care, which includes providing them with accurate and timely diagnoses. If a doctor fails to meet this expectation and a patient suffers harm as a result, they can seek compensation via a medical malpractice lawsuit. In most cases, the plaintiff in a medical malpractice case will set forth a negligence claim against the defendant.
In New York, establishing medical negligence requires the plaintiff to show the defendant had a duty to treat the plaintiff in a manner that comports with the accepted and good standards of medical care within the relevant community, which is the care that a competent physician working in the same specialty would offer when presented with a similar scenario. The plaintiff then has to show that the defendant’s behavior constitutes a departure from the standard of care. Last, the plaintiff must prove that they suffered actual losses and must link the harm suffered to the defendant’s acts or omissions. In other words, they must show that, but for the defendant’s behavior, they would not have sustained damages.
Typically, a plaintiff in a medical malpractice case will be required to hire an expert to testify regarding the applicable standard of care and to explain how the defendant breached the standard of care and how the breach led to the plaintiff’s harm.Damages Recoverable in Medical Malpractice Cases
A plaintiff who successfully establishes a defendant’s liability for the failure to diagnose testicular cancer may be awarded compensation for the economic and non-economic harm suffered. Economic losses may include the cost of medical care that the plaintiff needed or will need in the future, out-of-pocket expenses, and lost wages. Non-economic harm typically refers to the intangible losses caused by the defendant’s negligence, such as psychological trauma, pain, suffering, and emotional distress. If the plaintiff was married at the time the harm occurred, their spouse might be able to recover damages for loss of consortium as well.Confer With a Trusted Attorney Representing Parties in Syracuse, Rochester, and Upstate New York
Testicular cancer is highly treatable, but as with any cancer, a prompt diagnosis is critical to a good outcome. If you were harmed by your doctor’s failure to diagnose testicular cancer, you might be owed compensation, and it is in your best interest to confer with an attorney regarding your options for seeking damages. The trusted Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer are adept at helping victims of medical malpractice seek redress for their losses, and if you hire us, we will work diligently to help you seek a just outcome. We regularly represent parties in medical malpractice lawsuits in Syracuse, where our main office is located, and in Rochester and other cities throughout Upstate New York. You can reach us through our form online or by calling 833-200-2000 to set up a free and confidential meeting.