Practice Areas

Cancer: Failure to Diagnose

Cancer is one of the most devastating and deadly diagnoses a person can receive. Early detection and timely treatment are keys to increasing the chances to survive these life-threatening illnesses. Unfortunately, not all patients are lucky enough to get the news in time to fight for their health or their lives.

When a doctor or other medical professional neglects to screen for harmful diseases such as cancer, patients often pay the ultimate price. At the law firm of Salenger, Sack, Kimmel & Bavaro, our experienced medical malpractice attorneys have been successfully fighting for the rights of patients for over 35 years. From a delayed diagnosis of cancer to a misdiagnosis, our team has successfully settled and secured verdicts in cancer. Our goal is to acquire the compensation that our clients and family deserve for their significant losses.

I had them for a case that was very difficult this firm was the best very caring and concerned I was treated like family.
— Robbie J.

Patient Advocates

Individuals who have been diagnosed with cancer too late can be severely injured or die as a result of the failed diagnosis or misdiagnosis. Our medical malpractice attorneys at Salenger, Sack, Kimmel & Bavaro have decades of experience representing victims with several different cancer diagnoses, some including:

  • Lung cancer
  • Colon cancer
  • Breast cancer
  • Brain cancer
  • Ovarian/cervical cancer
  • Thyroid cancer
  • Leukemia
  • Prostate cancer
  • Skin cancer
  • Kidney cancer
  • Bladder cancer
  • Uterine cancer
  • Lymphoma
  • Testicular cancer

Some cancers with generally ‘good’ prognoses, such as breast cancer, colon cancer, and prostate cancer, can be treated successful when detected in the early stages. When doctors fail to diagnose cancer symptoms early, patients can experience tremendous pain and suffering from the physical discomforts of the disease, the side effects from aggressive treatments, and the emotional turmoil of knowing they may not survive. A late diagnosis of cancer can also lead to the need for more aggressive treatments of surgery, chemotherapy, and radiation that would not have been necessary for the patient if the cancer was found early on.

Cancer diagnoses are never easy to cope with, particularly when negligence and wrongdoing have added an additional level of stress. Our compassionate team at Salenger, Sack, Kimmel & Bavaro treats every client with the care and respect they deserve. We know this is an incredibly difficult time for you and your family and we are sensitive to the needs of every client who is battling this brave fight. From intake to resolution, we keep you informed of your rights and educate you on the process every step of the way so you can focus on your recovery with the knowledge that your best interests are being adequately represented.

Verdicts & Settlements

$10.1 Million Settlement

Medical Malpractice – Failure to timely treat a patient

A 40-year-old woman with heart attack symptoms was left in the emergency room waiting area of a Nassau County hospital for 20 minutes, resulting in a massive heart attack and brain damage.

$10 Million Verdict

Medical Malpractice and Wrongful Death – Failure to timely diagnose breast cancer

A radiologist failed to properly interpret a mammogram, resulting in a delayed diagnosis of breast cancer in a 46-year-old woman, who ultimately passed away.

$8 Million Settlement

Medical Malpractice – Failure to timely diagnose a blood clot

A doctor’s failure to appreciate the significance of headache complaints by a 21-year-old caused a delay in diagnosing a blood clot, resulting in a stroke and brain damage.

$5.4 Million Settlement

Medical Malpractice – Newborn baby found face-down

One day after birth, our client was found face down in the hospital nursery, causing oxygen deprivation that resulted in brain damage.

$6.9 Million Settlement

Medical Malpractice – Intraoperative airway fire in trachea

While undergoing a laser procedure to remove vocal cord polyps, an airway fire in the trachea burned our client’s lungs and vocal cords, resulting in the loss of his ability to speak.

$4.5 Million Settlement

Medical Malpractice – Failure to appreciate preeclampsia (high blood pressure)

Doctors fail to timely diagnose preeclampsia (high blood pressure) in a pregnant woman, leading to placental abruption, oxygen deprivation, and a brain-damaged infant.

$4.75 Million Settlement

Medical Malpractice – Failure to perform a timely C-section

During delivery of a baby, doctors failed to properly monitor the fetal monitor strips and the fetal heart rate resulting in oxygen deprivation and brain damage in the infant.

Financial Burdens of Failure To Diagnose

When cancer is found later than expected, immediate and accelerated treatment can often be the only option left. More rounds of aggressive treatments in a shorter period can result in expensive medical bills that can be hard costs for individuals and families to take on. While some patients take the leap into debt, others lose hope in recovery and choose not to go forward with treatment they otherwise would have, if the diagnosis was not late.

Patients have the right to timely and affordable care. No amount of money can make up for the loss of your health or the loss of a loved one from a failure to diagnose. By maximizing rewards in your case, we can at least provide you with the financial support you need. Our attorneys take the time to evaluate your situation and seek a fair amount of compensation to cover all the damages sustained from your health tragedy, including medical bills, day-to-day costs, long-term care needs, and most important, pain and suffering from medical negligence.

Never turned away...
My wife and I had the pleasure to hire this firm. We always received updates through the mail, email and personal phone calls. We especially liked being informed about everything that was going on. We were never turned away even when asking a trivial question.
— John F.

What Is Failure to Diagnose?

Doctors are considered negligent when they fail to provide the quality of care expected of them under state and federal laws. In most failure-to-diagnoses situations, doctors fail to order the necessary tests needed to detect the early signs of cancer and other life-threatening diseases. Some reasons why doctors may fail to timely diagnose cancer in a patient include:

  • Failure to record important medical issues
  • Failure to refer a patient to a specialist
  • Failure to perform a biopsy
  • Misinterpretation of medical tests, scans and screenings
  • Ordering the wrong tests or scans to diagnose patient concerns
  • Failure to recognize the urgency of a patient’s condition
  • Misdiagnosing symptoms as another illness or condition

Our medical malpractice team understands the importance of investigating and obtaining evidence that shows medical professionals were incompetent or careless with regards to your health. Working with the top professionals in the industry, we have the resources and dedication necessary to take your case to trial to achieve the favorable results you deserve for damages suffered.

Verdicts & Settlements

$10 Million Verdict

Medical Malpractice and Wrongful Death – Failure to timely diagnose breast cancer

A radiologist failed to properly interpret a mammogram, resulting in a delayed diagnosis of breast cancer in a 46-year-old woman, who ultimately passed away.

How To Prove Negligence

It is not enough for patients to claim their doctor failed to notice signs of cancer or to follow up with patient care. For a case to be successful, patients must show all three of these elements were present:

  1. A doctor-patient relationship existed at the time of the error;
  2. The doctor’s error was considered negligent; and
  3. The patient’s injury was caused by the error.

When it comes to cancer, not all cases will be eligible for a lawsuit. Some types of cancers spread so rapidly that failure to diagnose until the disease is fatal can be considered common. It’s essential to contact a medical malpractice attorney as soon as you receive a surprising cancer diagnosis to allow for a quick and effective investigation to determine if your situation has grounds for a lawsuit.

Let our team provide the support and care you deserve during one of the worst times of your life. Contact the law firm of Salenger, Sack, Kimmel & Bavaro today for a free consultation to review your case and explore your options for seeking justice against medical negligence.

We're ready to help you.
Call us at 1-800-675-8556 for a free consultation today.