Failure to Diagnose Cancer

Failure to diagnose cancer is one of the most frequent forms of medical malpractice. Most often, a doctor neglect to make the correct diagnoses because he or she ignores a patient’s symptoms, fails to order the correct diagnostic tests, or simply mis-reads the results of the diagnostic tests. The most common cancers that doctors fail to diagnose are: cervical cancer; colon cancer; breast cancer; prostate cancer; and esophageal cancer.

Early detection is vital to a patient’s likelihood of surviving cancer. When a doctor fails to diagnose cancer, not only is the patient’s probability of survival - reduced, but he or she may have to endure a more aggressive and agonizing treatments that could have otherwise been prevented, had the cancer been diagnosed earlier. Additionally, a doctor’s failure to diagnose cancer can also subject the patient to a greater emotional and financial hardship.

One of the key factor in proving ‘failure to diagnose cancer’ as a medical malpractice case is to demonstrate that the failure to diagnose was the immediate cause of the victims’ injuries. Whether the patient is harmed by this failure to diagnose the cancer is dependent upon a number of factors including:

  • The extent of the delay in diagnosis;
  • Whether the cancer has metastasized
  • Whether the specific type of cancer and the diagnosis associated with the cancer is detected early.

In addition to proving proximate grounds, the victim/plaintiff in this potentially malpractice case must also prove three additional requisites. They are:

  • There was an existing doctor/patient relationship that will prove that a reasonable duty of care was necessary
  • That the doctor violated their duty to provide the necessary care; and
  • That the patient was harmed.

Once the victim/plaintiff can successfully prove these elements in a failure to diagnose lawsuit, they may be able to recoup monetary damages such as medical bills, lost wages, including future loss of wages, medical equipment costs, home care costs and/or rehabilitation costs. A plaintiff in a medical malpractice case may also recover damages for pain and suffering.

When cancer is detected in its early stages, the prognosis for beating it is positive. The longer the cancer goes unnoticed; the chances are higher that the patient will not endure. Failure to properly diagnose cancer is a medical mistake that can have overwhelming effects on both patients and their families.

If you or someone you know, have lost a loved one because of a physician’s failure to diagnose cancer, contact The Law Office of Aleksandr Vakarev Esq., for our immediate expertise and assistance. It is imperative that you seek an experience malpractice attorney as the jurisdiction and possible statute of limitations in this type of case is time-sensitive.

The New York medical malpractice attorneys at the Law Office of Aleksandr Vakarev Esq., work with top experts in every medical sphere. Our highly trained lawyers and paralegals, work together as a team to achieve the best possible results at trial, to achieve a favorable settlement for our clients.

If you or a loved one has been injured due to someone poor maintenance and negligence, you may be entitled to monetary compensation for:
  • Medical & Hospitalization Bills
  • Cost of Medication
  • Specialized Testing due to Injury
  • Doctors’ follow-up visits
  • Property Damages
  • Loss of Earnings
  • Future Loss of Earnings
  • Emotional Pain & Suffering
With the help of a dedicated New York Personal Injury Attorney at the Law Office of Aleksandr Vakarev Esq, we will determine whether your personal injury case has merit.


Our personal injury lawyers’ work on a contingency basis so you only pay a fee if we recover money for you. Contact our experienced Attorneys today at the Law Office of Aleksandr Vakarev Esq., for a free consultation at 718-839-6885.


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