Generally speaking, the sooner cancer is diagnosed and treated, the better the chances are for a good prognosis. Unfortunately, a misdiagnosis or failure to diagnose cancer can lead to devastating consequences including the death of a patient. Our Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano have years of experience handling claims that involve failure to screen, misdiagnosis, and/or delay in diagnosis of various types of cancer. In any lawsuit alleging medical malpractice, a plaintiff must prove four specific components to win a claim. One of the most important components is that a defendant’s behavior or actions violated the professional standard of care. To determine if the medical provider’s behavior was within the professional standard of care, it is necessary to consider what a reasonably prudent doctor would have done under similar circumstances. If you suspect that your doctor has committed cancer-related malpractice, it is essential to speak with an experienced lawyer as soon as possible. It is also helpful to keep a detailed account of your interactions with the medical provider in question. This can help to ensure that all the evidence needed to support a claim is gathered and preserved. A successful Fred Hutchinson Cancer Center Malpractice Lawyer claim can provide compensation for both economic and noneconomic damages. Economic damages can include the cost of any past and future medical expenses, lost wages, and loss of enjoyment of life. Non-economic damages can be awarded to compensate for pain and suffering, emotional distress, impairment, and loss of quality of life. In some cases, punitive damages may be available, which are intended to punish particularly harmful behavior and discourage others from engaging in the same actions. While no two cases are alike, many cancer-related medical malpractice claims take years to resolve. A significant reason for this is that building a strong case requires substantial financial and personnel resources. For this reason, you should only work with an attorney who has the resources to carry a case through trial and settlement negotiations. In addition to financial and personnel resources, it is vital that any medical malpractice attorney you choose be knowledgeable about the laws of medical malpractice in New York. This includes the statutes of limitations and other legal deadlines that must be met in your particular case. During the consultation process, you should ask an attorney how much they have recovered for clients in similar cases. You should also request copies of all medical records pertaining to your claim. Medical records are often altered or destroyed after a medical malpractice claim is filed, so it is critical to request these documents early and thoroughly. While the statutes of limitations for different types of medical malpractice claims vary, most medical malpractice cases are subject to a three-year statute of limitations. This means that you must file a lawsuit by the end of the third year after your malpractice occurred or the right to pursue the case is lost. However, some states allow claims to be filed sooner than this.
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