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Failure to Diagnose Uterine Cancer

Medical Malpractice Lawyers Helping Syracuse Area Residents

Uterine cancer grows inside the tissue that lines the uterus, which is a hollow organ inside a woman's pelvis where a fetus is able to grow. Uterine and endometrial cancers are often adenocarcinomas, which means they produce fluids. They are usually diagnosable in the early stages due to clear signs. If you have suffered injuries due to a failure to diagnose uterine cancer by a gynecologist or other health care provider, the seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano may be able to help.

Signs of Uterine Cancer

There are several different signs of uterine cancer that should be brought to a doctor's attention. Often women who have uterine cancer bleed between their periods or post-menopause. They may experience pain during intercourse, unexpected weight loss, and pelvic pain, and alongside those symptoms, they may also experience vaginal discharge. Risk factors for uterine cancer include obesity, diabetes, being older, high fat diets, irregular ovulations, abnormal overgrowth of the endometrium, a history of taking estrogen, a history of pelvic radiation therapy, and never having been pregnant.

Certain tests should be performed when a doctor suspects uterine cancer. Imaging that may be helpful includes a transvaginal ultrasound or an MRI of your pelvis. The definitive test is an endometrial biopsy, in which a doctor takes cells or tissues from the body to be tested inside a pathology laboratory. Sometimes a hysteroscopy is done at the same time. The lab report will show whether cancer cells are present. If the biopsy is too small to diagnose or the results are inconclusive, a dilation and curettage may be performed in which the cervix is widened so that an instrument called a curette can be put inside the uterus in order to remove growths, tissue, or cells from the endometrium.

As with many other kinds of cancer, it is critical to detect uterine cancer early on and treat it. It is important for doctors to conduct an adequate differential diagnosis and test the possible diagnosis of uterine cancer adequately to improve a patient's chance of survival.

Failure to Diagnose Uterine Cancer

Early detection of uterine cancer is more likely to lead to survival for the patient. Failure to check for uterine cancer can result in a delayed diagnosis, which means the cancer will progress and possibly spread, and the prognosis is likely to worsen.

If you were harmed by a failure to diagnose uterine cancer, you may be able to recover damages by establishing these elements: (1) you had a physician-patient relationship with the defendant doctor, (2) the defendant breached their professional duty of care, (3) actual and proximate causation, and (4) damages. A skilled medical malpractice attorney can assess whether your claims can meet these standards. Failure to meet the professional duty of care can include a failure to conduct a differential diagnosis. It can also include a failure to order appropriate tests to assess the possibility of uterine cancer. It may include a failure to properly interpret test results or a failure to properly follow up with a patient after the test to make sure adequate treatment is undergone.


Damages are often compensatory in cases involving failure to diagnose uterine cancer. They may include coverage for economic losses such as medical bills, prescription drug costs, wage loss, and replacement or household services. However, they may also include intangible losses, noneconomic losses like pain and suffering, mental anguish, and loss of enjoyment of life. If your loved one passed away due to a failure to diagnose uterine cancer, you may be able to obtain wrongful death damages. In most failure to diagnose cases, a healthcare provider's actions are not egregious enough to warrant punitive damages, which are damages meant to punish a defendant and stop future misconduct.

Experienced Medical Malpractice Attorneys in Syracuse

The lawyers at DeFrancisco & Falgiatano provide legal representation to patients harmed by failure to diagnose uterine cancer in Syracuse and Rochester. We also represent patients in Auburn, Binghamton, Ithaca, Elmira, Norwich, Delhi, Cortland, Oneida, Herkimer, Lowville, Watertown, Utica, Wampsville, Oswego, Canandaigua, Cooperstown, and Lyons. Please call us at 833-200-2000 or contact us via our online form.

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 cannot express in words what an awesome job Charlie Falgiatano and Jean Marie Westlake did in representing my family in my mother's case at trial. There can never be enough thank-yous." D.L., Cortland, 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
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY