Long Island Cancer Malpractice Attorney

Common Types of Cancer Misdiagnosis Cases on Long Island

We handle all types of cancer misdiagnosis cases on Long Island, including:

• Breast cancer misdiagnosis: Missed cancer on mammography, failure to biopsy a suspicious mass, or pathology errors. [Link to: /misdiagnosis/breast-cancer-misdiagnosis]
• Lung cancer misdiagnosis: Missed lung nodule on chest CT, failure to follow up on incidental findings. [Link to: /misdiagnosis/lung-cancer-misdiagnosis]
• Colon cancer misdiagnosis: Missed cancer on colonoscopy, attributing symptoms to hemorrhoids, or pathology errors. [Link to: /misdiagnosis/colon-cancer-misdiagnosis]
• Ovarian cancer misdiagnosis: Attributing symptoms to IBS, failure to perform TVUS or CA-125. [Link to: /misdiagnosis/ovarian-cancer-misdiagnosis]
• Pancreatic cancer misdiagnosis: Failure to evaluate jaundice, failure to perform CT. [Link to: /misdiagnosis/pancreatic-cancer-misdiagnosis]
• Prostate cancer misdiagnosis: Failure to biopsy elevated PSA, pathology errors. [Link to: /misdiagnosis/prostate-cancer-misdiagnosis]
• Skin cancer (melanoma) misdiagnosis: Failure to biopsy a suspicious lesion, pathology errors. [Link to: /misdiagnosis/skin-cancer-misdiagnosis]
• Cervical cancer misdiagnosis: Pap smear misinterpretation, failure to follow up on abnormal results. [Link to: /misdiagnosis/cervical-cancer-misdiagnosis]

Long Island Hospitals and Cancer Centers

Long Island is served by numerous hospital systems and cancer centers where misdiagnosis can occur:

• Northwell Health -- multiple hospitals including North Shore University Hospital (Manhasset), Long Island Jewish Medical Center (New Hyde Park), Southside Hospital (Bay Shore), Huntington Hospital, and Staten Island University Hospital [Link to: /medical-malpractice/suing-northwell-health]
• Stony Brook University Hospital -- academic medical center in Suffolk County
• Nassau University Medical Center -- public hospital in Nassau County
• NYU Langone Hospital -- Long Island (formerly NYU Winthrop) -- in Mineola
• Mount Sinai South Nassau -- in Oceanside
• Catholic Health -- multiple hospitals including Good Samaritan (West Islip), St. Francis (Roslyn), St. Charles (Port Jefferson), Mercy (Rockville Centre), and St. Joseph (Bethpage)
• Numerous freestanding imaging centers throughout Nassau and Suffolk counties

When Cancer Misdiagnosis Constitutes Medical Malpractice

Cancer misdiagnosis constitutes medical malpractice in New York when a healthcare provider deviated from the accepted standard of care and that deviation caused harm. This includes:

• Failure to screen for cancer at the appropriate age (e.g., mammography at 40, colonoscopy at 45).
• Failure to evaluate symptoms concerning for cancer (e.g., jaundice, rectal bleeding, persistent cough).
• Failure to perform appropriate diagnostic tests (e.g., mammography, colonoscopy, CT, biopsy).
• Misreading imaging (mammography, CT, MRI, ultrasound). [Link to: /radiology-errors/proving-radiology-malpractice]
• Pathology errors (misinterpreting biopsy tissue). [Link to: /medical-malpractice/pathology-errors]
• Failure to communicate or follow up on abnormal results. [Link to: /radiology-errors/communication-failures]
• Failure to refer to an oncologist or specialist when cancer is suspected.
• The deviation caused harm -- the cancer progressed to a more advanced stage. [Link to: /delayed-diagnosis-lawyer/loss-of-chance] [Link to: /misdiagnosis/stage-migration]

Proving Your Long Island Cancer Misdiagnosis Case

To prove a Long Island cancer misdiagnosis case, we:

• Obtain medical records: Including primary care, specialist, radiology, pathology, and oncology records. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Obtain actual images: We obtain the actual imaging (not just the reports) for independent expert review.
• Obtain pathology slides: We obtain the actual pathology slides for independent review. [Link to: /medical-malpractice/pathology-errors]
• Engage expert review: We work with board-certified oncologists, radiologists, and pathologists who practice in New York.
• Establish the standard of care: We determine what the standard of care requires for the type of cancer at issue.
• Establish causation: We prove that the misdiagnosis caused harm -- by showing that earlier diagnosis would have changed the outcome. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Lavern's Law and Your Deadline to File

Cancer misdiagnosis cases in New York are subject to Lavern's Law, which provides a discovery rule for cancer cases:

• You have 2.5 years from the date you discovered (or should have discovered) the misdiagnosis to file a lawsuit.
• There is an absolute outer limit of 7 years from the date of the negligent act. [Link to: /misdiagnosis/laverns-law]
• If the misdiagnosis caused death, a wrongful death claim must be filed within 2 years of the date of death. [Link to: /wrongful-death/statute-of-limitations]
• If the misdiagnosis occurred at a municipal hospital (e.g., Nassau University Medical Center), a notice of claim must be filed within 90 days. [Link to: /hospital-negligence/notice-of-claim-guide]

Compensation Available

A successful Long Island cancer misdiagnosis claim can provide compensation for:

• Medical expenses: Including past and future surgery, chemotherapy, radiation, and medications
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work
• Pain and suffering: NY has no cap on non-economic damages
• Reduced life expectancy: For the loss of years of life due to delayed diagnosis
• Wrongful death damages: If the misdiagnosis caused death [Link to: /wrongful-death/settlements] [Link to: /wrongful-death/distributees]

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.