What to Do When You’ve Been a Victim of Cancer Malpractice



Around 110000 New Yorkers are diagnosed with cancer each year. Among these cases, there are also instances where the disease has been misdiagnosed. If such a misfortune has occurred in your life, an experienced lawyer can help you win compensation for your injuries.

According to the National Cancer Institute, one out of every three people with cancer has been a victim of malpractice before or during their diagnosis.

In some cases, people have developed cancer due to medication errors and medical negligence, while in other cases, people have developed cancer due to exposure to harmful pollutants.

Cancer malpractice has many significant consequences. It can result in loss of wages, medical bills, physical pain, and suffering. In the worst cases, it results in wrongful death. If you’re a victim of cancer malpractice, don’t hesitate to contact cancer lawyers in NYC.

cancer malpractice

Gather Evidence That Can Prove Malpractice

As soon as you are diagnosed, document everything, including your symptoms before the diagnosis and any pain you feel during or after the cancer treatment. You can use this information to prove that your illness was caused by malpractice. You should also collect all of your medical records, bills, and radiographs to provide evidence of your illness.

Contact a New York Cancer Malpractice Attorney



This step will ensure that you are notified about what options are available to you. You can also tell an experienced attorney about the details surrounding your cancer diagnosis so they can help determine if malpractice occurred.

It’s important to know that the statute of limitations may apply in many cases, which is why you should seek for a legal counsel as soon as possible.

Execute a Claim in The Court

If you have a strong case against the doctor or medical worker responsible for your cancer misdiagnosis, it may be possible to file a claim in the New York Court of Claims.

Generally, you must file this within two years of the malpractice that caused your injury. If you were exposed to carcinogens due to negligence by another person or company, you might file a claim in the New York Supreme Court thanks to strict liability laws.

Sue an Impairing Company or Person

If another person or corporation caused your cancer, you could sue for damages to cover your injuries and suffering. This is known as ‘tort law,’ which is different from medical malpractice law. Cancer lawyers in NYC can determine whether you have a valid case against the company or the person responsible for your illness.

They cannot use immunity to protect themselves in this type of lawsuit. If you win, it’s possible that the liable party will pay the cost of your medical bills, lost wages, pain and suffering, emotional distress, and more.

Compensate for Your Injuries with a Lawsuit

When someone is injured and if the injury is caused by negligence, they may win compensation.

This compensation can include money for medical bills and lost earnings. Suppose your doctor or hospital has demonstrated negligence in diagnosing and treating you for cancer. In that case, you can file a lawsuit to recover for economic and non-economic damages.

If you are dealing with a cancer misdiagnosis due to negligence by a doctor, hospital, medical laboratory, drug manufacturer, or another party, then contact an experienced NYC cancer lawyer.

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