Close this search box.
Close this search box.

Filing a Lawsuit for Cancer Misdiagnosis

Cancer misdiagnosis is a devastating event for patients and can leave them with irreparable health impacts such as a shortened lifespan or a reduced quality of life. If you or a loved one has experienced a cancer misdiagnosis, you may be eligible to file a medical malpractice lawsuit. Understanding the key elements involved in building a strong medical malpractice lawsuit can equip patients and families to navigate a potential claim. We’ll discuss the requirements of these types of cases and how to choose expert legal counsel, as these elements are crucial to increasing your chances of a favorable outcome.

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we are committed to standing up for the rights of patients who have suffered due to cancer misdiagnosis and other forms of medical negligence. Our medical malpractice attorneys have more than 150 years of combined experience and a proven record of success in obtaining verdicts and settlements for victims of medical negligence and their families.

Request a free case evaluation with our medical malpractice team today.

Elements of a Strong Medical Malpractice Lawsuit

Cancer misdiagnosis lawsuits are challenging but can result in life-changing results for victims and their families. Three factors that contribute to a strong and compelling medical malpractice case include the following:

Breach of Duty

Cancer misdiagnosis lawsuits are fact-intensive cases that rely upon documented medical evidence. To prevail, it must be proven that a physician or other medical professional failed to uphold an accepted standard of medical care and that the breach of care in question led to the advancement of cancer that caused the patient unnecessary suffering or resulted in death.

In cases involving the failure to diagnose cancer, our attorneys thoroughly analyze doctor’s notes, treatment records, diagnostic tests, and other evidence. We also have access to a network of expert witnesses—including medical diagnosis, oncology, and other related fields—who are hired to help us build compelling cases for our clients.

Examples of breach of duty include the following:

  • A doctor failed to order appropriate tests after a patient has presented symptoms consistent with cancer.
  • A radiologist noted an abnormality in a test result and failed to notify the doctor.
  • A radiologist noted an abnormality and recommended a biopsy, but the treating physician failed to follow up on these results.


If a medical professional has breached their duty of care to you, your attorney has to prove that this breach caused the cancer misdiagnosis. All factors must be evaluated when proving causation, including whether they acted carelessly, negligently, or failed to act at all.

Significant Hardship and Damages

For a cancer patient, hardships caused by misdiagnosis may include pain and suffering, bodily harm, emotional trauma, lost wages, and medical bills. In pursuing a medical malpractice lawsuit, concrete and compelling evidence of these damages and losses must be provided.

Choosing the Right Legal Representation

If you or a loved one has suffered due to misdiagnosed cancer, one of the critical decisions you must make is choosing the right law firm to handle your medical malpractice case. Not only will effective legal counsel increase your chances of a successful case, but they will also serve as a compassionate guide throughout each step of the process.

Some factors to consider in your decision:

  • Experience: Medical malpractice cases are typically more complex and fact-intensive than other personal injury claims. An attorney who has previously handled cancer misdiagnosis cases, such as our own Thomas Giuffra or Ed Ruffo, will know the issues to raise and the challenges that are likely to arise throughout the case.
  • Access to expert witnesses: Cancer misdiagnosis cases often rely upon expert testimony from oncologists, radiologists, diagnosticians, and other medical professionals. In a trial concerning cancer misdiagnosis, these experts provide compelling testimony that supports the plaintiff’s claim. It’s important to your case that a firm is willing to invest resources into knowledgeable and effective expert witnesses.
  • Previous record of success: Our dedication to our clients’ cases has resulted in significant outcomes for our clients. While these results are never guaranteed, you can be confident that we have successfully handled similar cases. At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we empathize with your hardships and are prepared to help you obtain the financial relief you need and deserve.

Schedule a Free Consultation

When you choose our firm, you will receive the experience of a large, renowned firm and the care and compassion that can only come from a dedicated team that genuinely cares about you and your recovery. Our lawyers will work closely with you throughout the process, offering personalized guidance and attentive counsel every step of the way.

Contact us today to schedule a free, no-obligation consultation with an experienced lawyer who understands the complexity of cancer misdiagnosis lawsuits. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

Call us at (212) 684-1880 or contact us online today to request your free and confidential consultation.