Settlements for Failure to Diagnose Breast Cancer

Breast cancer is a significant health concern for women, with hundreds of thousands of new diagnoses in the United States each year. The prognosis for people with breast cancer depends, in part, on how far the cancer has progressed at the time of diagnosis. In other words, early detection and treatment are crucial in reducing mortality rates. As such, many people harmed by delayed or missed breast cancer diagnoses will pursue medical malpractice claims against the doctors responsible for their injuries. While some cases arising out of the failure to diagnose breast cancer can only be resolved via trials, many settle before they reach the trial stage. As such, it is important for anyone considering pursuing such claims to understand when and why it may be appropriate to settle. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers are skilled at obtaining favorable terms in settlements for failure to diagnose breast cancer, and if you were hurt by a delayed or missed breast cancer diagnosis, we can aid you in determining what steps to take to protect your interests. We regularly help people pursue medical malpractice lawsuits in Syracuse, Rochester, and throughout Upstate New York.

Doctors named as defendants in medical malpractice lawsuits arising out of the failure to diagnose breast cancer will generally argue that they provided competent care and, therefore, should not be held accountable for the plaintiff’s alleged losses. As such, plaintiffs striving for settlements for failure to diagnose breast cancer will typically have to offer evidence demonstrating the defendants’ fault in order to effectuate an agreement.

Under New York law, a plaintiff must show that the defendant owed them a duty. This duty, which arises out of the treatment relationship, is to provide treatment that conforms to the standard of care, which is defined as what a reasonable professional would consider good and accepted medical care. The plaintiff then has to show that the defendant’s acts or omissions constitute a breach of the standard of care. This breach could involve negligence in conducting tests, misinterpreting results, or failing to follow up on suspicious findings. Finally, the plaintiff must establish that the defendant’s deviation from the standard of care directly resulted in measurable harm to the patient, such as a worsened prognosis. In all but the clearest of cases, the plaintiff will need to introduce expert testimony establishing the standard of care, demonstrating how the defendant breached the standard, and showing causation.

In terms of damages, settlements in failure to diagnose breast cancer cases aim to compensate the plaintiff for various losses and harms incurred due to the defendant’s negligence. These damages may include past and future medical expenses related to the delayed diagnosis and treatment, including surgeries, chemotherapy, radiation therapy, and other necessary medical interventions. Additionally, settlements may cover lost wages or income if the plaintiff was unable to work due to their condition or treatment, as well as compensation for pain and suffering, emotional distress, and loss of quality of life caused by the delayed diagnosis.

It is important for plaintiffs in medical malpractice cases to evaluate when to settle claims arising out of the failure to diagnose breast cancer. If a plaintiff settles too early, they may underestimate the extent of the damages they incurred, which could result in insufficient compensation to cover future medical expenses or lost income, leaving the plaintiff financially vulnerable. On the other hand, if they delay settling until later in the case, they may incur additional costs and run the risk of the discovery of the discovery of unfavorable evidence.

Delayed and missed breast cancer diagnoses can cause irreparable losses, but in many cases, settlements for failure to diagnose breast cancer can help injured parties move forward with their lives. If you were hurt by a doctor’s failure to diagnose breast cancer, you might be able to recover compensation via medical malpractice claims, and you should talk to an attorney. The dedicated Syracuse medical malpractice lawyers of DeFrancisco Falgiatano Personal Injury Lawyers proudly help victims of medical negligence fight for just results, and if you hire us, we will tirelessly pursue any damages you may be owed. Our principal office is located in Syracuse. We regularly represent people in medical malpractice claims in Syracuse, Rochester, and throughout Upstate New York. To arrange a complimentary and confidential consultation, you can contact us by calling us at 833-200-2000 or using our form online.