Can I Claim for Cancer Misdiagnosis in New York?

A cancer misdiagnosis can have devastating consequences, leaving patients with a shortened life expectancy or a reduced quality of life. If you or a loved one has suffered harm due to a cancer misdiagnosis in New York, you may be eligible to file a claim for compensation. In this law blog, we'll explore the legal options available to individuals who have been harmed due to a cancer misdiagnosis in New York and the steps you can take to protect your rights and pursue the compensation you deserve.

Can I Claim for Cancer Misdiagnosis in New York?

When it comes to cancer misdiagnosis, the statute of limitations previously made it difficult for cancer patients to get justice for medical malpractice in New York.

Often, patients would only learn they have cancer after the statute of limitations had expired. These limitations rendered them unable to take legal action against the practice that wrongly diagnosed them until the recent Discovery Rule.


Lavern’s Law

In January 2018, Lavern’s Law—otherwise known as Discovery Rule—extended the statute of limitations for medical malpractice for cancer diagnoses. Previously, the statute of limitations stated that a person could sue for medical malpractice up to two and a half years after the date of misdiagnosis.

However, in 2013, Lavern Wilkinson died from complications of lung cancer, which the hospital failed to diagnose three years earlier. Because she did not learn of her diagnosis until after the statute of limitations passed, she was unable to take legal action.


What Does This Mean for Cancer Misdiagnosis?

Instead of the two year and six-month limit from the date of their original misdiagnosis, patients now have two years and six months after they discover they were misdiagnosed.

If the patient receives a new cancer diagnosis that should have alerted them to the previous misdiagnosis, that starts the timeline for the statute of limitations.

If another doctor, three years after the first, diagnoses cancer where the first doctor failed to, the patient should reasonably know at that time of the medical malpractice. If they ignore or fail to understand those circumstances, that does not extend the statute of limitations.

There are a couple of other limits to this law, too. If you learn of the medical malpractice more than seven years following it, you cannot file a lawsuit. Lavern’s Law also only applies to cancer cases.


Claim for Medical Malpractice in New York


Sgarlato & Sgarlato are your Staten Island medical malpractice attorneys, and we can get you the settlement you deserve. Call us at (347) 801-8761 or contact us online to request a free consultation and learn how we can help with your case.


What Are the Most Common Medical Malpractice Claims In New York?

Medical malpractice is a serious issue that affects countless patients in New York each year. When medical professionals fail to provide the standard of care that patients expect and deserve, it can lead to life-changing consequences.

Recent studies have highlighted the startling truth about medical malpractice in the US, with an estimated 250,000 people losing their lives each year due to medical errors, making it the third leading cause of death. The situation is no different in New York, where patients face staggering medical malpractice rates. Medical negligence can lead to severe complications; in some cases, it can even result in the patient's death.

In 2019 alone, New York State resolved over 13,700 medical malpractice cases, resulting in a payout of $975.0 million. This staggering figure highlights the prevalence of medical malpractice and its immense cost on the healthcare system. And in 2018, the city of New York paid out $1.1 billion in medical negligence compensation against 14,390 lawsuits, further underscoring the need for patients to be informed about their legal rights in the event of medical malpractice. The high number of medical malpractice cases and compensation payouts is a clear indication of the severity of this issue, and highlights the need for patients to have access to experienced legal representation to seek compensation and justice.

So, here are the most common medical malpractice claims in New York:


The general public invests their trust in healthcare professionals and expects them to diagnose their medical conditions accurately. But unfortunately, there have been countless cases where health professionals make the wrong diagnosis, causing severe harm to their patient’s overall wellbeing.

About 12 million people are misdiagnosed each year in the US, and some of the reasons include:


Injuries in childbirth

Birth injuries are the most upsetting medical malpractice in New York, and it happens if your child suffers an injury or dies due to a mistake by the delivery doctor or surgeon. They are not to be left unchecked. They deserve to be held accountable for their actions to deter similar incidents in the future.

If you’re a victim of this medical malpractice, get in touch with a medical practice attorney. Through years of experience, they will guide you on how to get compensated for your pain, suffering, and injuries.

Surgical errors

Going under the knife to undergo a surgical procedure is a concern to most New Yorkers. That is because many malpractice cases are filed due to surgical errors every year. For instance, a medical surgeon might operate on the wrong patient, leaving behind surgical equipment or even failing to sterilize equipment, thereby causing an infection in the patient.

There are numerous cases where surgical and medical errors coincide. Typically, it happens when a patient is administered an incorrect amount of anesthesia. Sedation through anesthesia requires the services of a specialist and must be carried out correctly to protect the patient’s health.

Building a medical malpractice case

If you’ve experienced any act of medical malpractice, then you should get ready to file a medical malpractice claim. While some mistakes can’t be undone, the compensation is to help offset some of the damages and losses incurred.

To stand a better chance, work closely with a medical malpractice attorney in New York for sound legal advice. Then, call or fill out our contact form to book an appointment


Should I Accept the First Settlement Offer

Insurance companies know just the right time to present a settlement offer to injury victims - that moment when you’re so desperate for some cash, with bills to pay. It is always tempting to take on the offer, but it is usually far less than the full value of your claim.

To ensure you’re on the right track, you must work with one of our attorneys to discuss the facts in your case. It will help you negotiate better and get compensated for what your claim is really worth.

Here are some of the factors you need to consider before you accept an offer from the insurance company.

  1. Are future expenses covered?

The first offer is often used to test if you know your worth. You’re not in any way mandated to accept, especially if it’s a low-ball offer that doesn't cover future damages. While they may cover some economic expenses, they often forgo future expenses that might arise such as medical.

Before you accept, you need to make sure that the settlement covers both past and future economic expenses, including non-economic damages like pain and suffering. Discuss this with one of our attorneys and you’ll be properly guided on how to proceed.

  1. Does it cover non-economic damages?

Most injury victims don't know that they have the right to seek compensation for their pain and suffering. Since insurance companies are not ready to cover such intangible factors, they proposed an inadequate offer with the hope you will walk away silently. 

Take note that the insurance company is only looking out for itself, and will always shy away from paying full compensation if possible. Many injury victims are often ignorant of their rights, hence insurance companies get away with this.

  1. Will rejecting the offer affect my settlement?

The insurance company might claim that rejecting the offer means no compensation at all. That is not true, and you shouldn't fall for this cheap tactic. The first offer is only the starting point of the negotiation. 

You have the right to reject the first offer and propose even a better one. Typically, when you file an offer, you describe the nature of the situation, while making a demand for compensation. The insurance company can accept and reject the offer while making a counteroffer. You also have the same right, either to accept the offer or reject it.

This process will keep going on until both parties have agreed. That is why it is important to work with an experienced and qualified attorney during this negotiation process. They will help ensure you’re not intimidated into accepting a low-ball offer that does nothing to help your situation. 

You deserve to be fully compensated for what your case is, so you can move on with your life as quickly as possible. Feel free to give us a call, or perhaps fill our contact form to begin.

Wrongful Birth Claims Against Doctors

Giving birth to a defective child can be a very frustrating situation as parents of defective children live with the outcome for a lifetime. And most times, depending on the severity of such congenital disabilities, it can negatively affect how parents interact with their children.

In these cases, parents of such children can file a claim of wrongful birth against healthcare professionals or the hospital at which they gave birth, provided they were not informed about any defects on the child before giving birth.

What is wrongful birth?

Wrongful births occur when a doctor fails to diagnose a child with congenital abnormalities (abnormalities from birth) before child delivery which largely reduces the child's life quality. Of course, birth defects could be a result of birth complications or genetic abnormalities.

However, suppose this piece of info wasn't effectively communicated on time, which would have prompted the child's mother to terminate the pregnancy when it was just a fetus. In that case, it could result in wrongful Birth Claims Against Doctors.

Cases where wrongful birth may occur:

   1. Failing to warn against any disability before childbirth

Another case is where negligent treatment occurs as a result of the doctor not specifying or diagnosing such situations during pregnancy.

During the first trimester of pregnancy, scans and tests are carried out, and at this time abnormalities can be picked up. Then again, this is up to the doctor to discuss the potential threat of such situations to the parents to decide if they wish to carry on with the pregnancy given its possible consequences or terminate it.

In cases where the parents are not informed to make a decision, and the child goes ahead to be born, the parents of such child can file for wrongful birth, and if they succeed, they are eligible for a child upbringing compensation plan.

   2. Failed vasectomy or failed sterilization

Unwanted and unplanned pregnancies could result from a failed sterilization or vasectomy from negligent or substandard treatment. In such cases, the child would not be conceived in the first place if the treatment were of acceptable standards. As such, wrongful birth Claims can be filed against the doctor or hospital.

Verdict and possible compensation

In cases where a child is born out of failed sterilization or failed vasectomy, the parents will not be compensated for the cost of upbringing. However, the claim could include any financial losses incurred during the unwanted pregnancy and childbirth.

Also, the child's parents can file for any emotional distress or pain inflicted due to birthing such a child.

Should you hire an attorney?

Wrongful birth claims can be very complex, and if not correctly handled, parents can go on to live with the unwanted situations without any legal Vindication. We understand the complexity of such cases, which is why our expert attorneys have a wealth of experience in wrongful childbirth claims and are ready to help you every step of the way. You can go ahead and give us a call 718-273-7900 or fill out our contact form.


Can I Claim for An Allergic Reaction Injury?

[et_pb_section fb_built="1" admin_label="section" _builder_version="3.22"][et_pb_row admin_label="row" _builder_version="3.25" background_size="initial" background_position="top_left" background_repeat="repeat"][et_pb_column type="4_4" _builder_version="3.25" custom_padding="|||" custom_padding__hover="|||"][et_pb_text admin_label="Text" _builder_version="4.9.2" background_size="initial" background_position="top_left" background_repeat="repeat" hover_enabled="0" sticky_enabled="0"]Most people take precautions to ensure they avoid any allergy triggers. But accidents can happen. According to Food Allergy Research and Education, over 200,000 people need emergency medical treatment for allergic reactions every year.

By law, companies must disclose common allergens in food items, as well as any potential for cross-contamination.

But there are situations where you or a loved one may encounter an unexpected allergen. If you or a loved one has suffered a severe allergic reaction, you may be able to file a claim for an allergic reaction injury.

What Types of Allergic Reactions Can I Claim?

Not all allergic reactions warrant a lawsuit. If you have hives from coming into contact with an allergen but don’t require medical treatment, it’s unlikely that you qualify for compensation.

However, if you have incurred medical costs, have taken time away from work, or suffered other personal damages as a result of an allergic reaction injury, you may be entitled to a settlement.

Most severe allergic reactions occur when you ingest something you are allergic to, or come into contact with it by touch or breathing it in. Therefore, most allergic reaction injury lawsuits involve food allergies.

When Can I File an Allergic Reaction Lawsuit in New York?

If the packaging labels disclose all ingredients and possible cross-contaminants on the bag of frozen stir fry you bought at the store, the company has done its part in identifying the risks to consumers.

However, if a company, restaurant, food vendor, or other responsible party does not disclose ingredients and common allergens in the food or product, the company may be deemed negligent. If the responsible party discloses ingredients but allergens are then found in the food, potentially through cross-contamination in the kitchen, they can also be held liable.

In other words, their breach of duty has caused you or a loved one harm and failed to warn you of the potential danger, thereby entitling you to damages for your suffering. In this case, you should seek legal counsel for an allergic reaction injury.

Sgarlato & Sgarlato Can Help

If you or a loved one has been the victim of an allergic reaction injury, the experienced Staten Island attorneys at Sgarlato & Sgarlato can get you the compensation you deserve. Call us at (347) 801-8761 or contact us online to request a consultation.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]