Holding Doctors Accountable for Failure to Diagnose Cancer
Early detection of cancer often means the difference between successful treatment and a life-threatening outcome. When doctors fail to order the right tests, misread results, or dismiss symptoms, patients may lose critical months — or even years — of treatment opportunities. A failure to diagnose cancer is not just a mistake; it can be medical malpractice.
At The C. Paul Law Firm P.C., we represent patients and families in [City] and across New York who suffered because of delayed or missed cancer diagnoses. Our attorneys partner with leading oncologists and medical experts to uncover negligence and pursue justice.
Call today for a free consultation: (212) 551-PAUL
Commonly Misdiagnosed Cancers
| Cancer Type | Common Diagnostic Failure | Potential Impact |
| Breast Cancer | Failure to order mammogram, misread biopsy | More aggressive treatment, reduced survival rate |
| Lung Cancer | Symptoms mistaken for bronchitis or pneumonia | Late-stage discovery, reduced treatment options |
| Colon Cancer | Ignoring blood in stool, failure to order colonoscopy | Advanced-stage cancer at diagnosis |
| Prostate Cancer | Failure to monitor PSA levels | Spread to bones or organs |
| Cervical Cancer | Misread Pap smear results | Loss of fertility, advanced illness |
| Skin Cancer (Melanoma) | Dismissing suspicious moles | Metastasis and increased mortality |
Causes of Cancer Misdiagnosis
- Failure to order appropriate diagnostic tests
- Ignoring family history or risk factors
- Misreading pathology, imaging, or biopsy results
- Failure to refer to specialists (oncologists, radiologists)
- Dismissing or minimizing patient-reported symptoms
Legal Considerations in Cancer Misdiagnosis Cases
To prove malpractice, a patient must show:
- A doctor-patient relationship existed.
- The doctor failed to act as a competent physician would under similar circumstances.
- That failure caused a delay in diagnosis or incorrect treatment.
- The delay directly resulted in harm, reduced survival, or additional suffering.
Compensation for Cancer Misdiagnosis Victims
A successful claim may cover:
- Emergency and corrective medical care
- Costs of advanced treatment and therapies
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress
- Wrongful death damages for surviving family members
Frequently Asked Questions
Is a late cancer diagnosis always malpractice?
No. Malpractice occurs only when a doctor failed to follow proper standards of care, and that failure caused harm.
Can a hospital be held responsible?
Yes. Hospitals may be liable for systemic failures, negligent staff, or inadequate policies that contributed to a misdiagnosis.
How long do I have to file a cancer misdiagnosis lawsuit in New York?
Generally 2.5 years from the date of malpractice, but exceptions apply — especially when diagnosis is delayed over years.
Do I need medical experts for my case?
Yes. Expert testimony is critical to prove both negligence and the harm caused by delayed diagnosis.
Serving [City] and the Greater New York Area
We represent cancer misdiagnosis victims across [City], Manhattan, Queens, Brooklyn, the Bronx, and throughout New York.