Oral cancer is a life-threatening condition that requires early detection and immediate medical intervention. When dental or medical professionals fail to diagnose oral cancer properly, patients can suffer serious consequences, including delayed treatment, permanent disfigurement, or even death.
If you or a loved one has been affected by a delayed or missed oral cancer diagnosis in New York City, you may have legal options. This guide answers the most frequently asked questions about oral cancer lawsuits, helping you understand your rights, potential compensation, and the legal process.
Understanding Oral Cancer Lawsuits
What Is an Oral Cancer Lawsuit?
An oral cancer lawsuit is a type of medical malpractice claim filed against a healthcare professional—such as a dentist, oral surgeon, or medical lab—when their negligence leads to the misdiagnosis or delayed diagnosis of oral cancer. These lawsuits seek compensation for medical expenses, lost income, and pain and suffering caused by the failure to detect and treat the disease in time.
When Can You File a Medical Malpractice Claim for Oral Cancer?
To have a valid malpractice claim, you must prove the following:
- Duty of Care – The healthcare provider had a legal obligation to provide competent medical treatment.
- Breach of Duty – They failed to meet the standard of care expected of their profession.
- Causation – Their negligence directly led to a worsened medical condition.
- Damages – You suffered physical, emotional, or financial harm due to the misdiagnosis.
If a healthcare provider fails to recognize warning signs, order a biopsy, or refer a patient to a specialist, and it results in a more severe cancer diagnosis, they may be held liable in court.
Common Causes of Oral Cancer Misdiagnosis
What Mistakes Can Lead to a Lawsuit?
Oral cancer misdiagnosis can occur due to several forms of negligence, including:
- Failure to Screen – Dentists neglecting to perform routine oral cancer screenings.
- Misdiagnosis – Symptoms being mistaken for benign conditions, such as mouth ulcers or infections.
- Delayed Referral – A healthcare provider failing to refer a patient to a specialist when symptoms warrant further examination.
- Laboratory Errors – Incorrect biopsy readings or errors in testing procedures leading to a false negative result.
Such errors delay life-saving treatments, allowing the cancer to progress to a more advanced and less treatable stage.
Signs of Oral Cancer That Should Not Be Ignored
What Symptoms Could Indicate Oral Cancer?
Recognizing oral cancer symptoms early is critical for successful treatment. If you experience any of the following signs, you should seek medical attention immediately:
- Persistent sores in the mouth that do not heal within two weeks.
- Red or white patches on the tongue, gums, or mouth lining.
- Lumps or thickening in the cheek, neck, or mouth.
- Difficulty swallowing, chewing, or moving the tongue.
- Numbness or pain in the tongue or other parts of the mouth.
Regular dental checkups and oral cancer screenings can help catch symptoms early, reducing the chances of progression.
Legal Liability in Oral Cancer Misdiagnosis Cases
Who Can Be Held Liable for Oral Cancer Misdiagnosis?
Liability in an oral cancer lawsuit depends on who failed in their duty of care. Potential defendants include:
- Dentists and Oral Surgeons – If they fail to recognize signs of oral cancer, do not order tests, or delay necessary treatment.
- Medical Laboratories – If biopsy results are misinterpreted, leading to a false negative diagnosis.
- Primary Care Physicians – If they dismiss symptoms and fail to recommend further testing.
If multiple parties contributed to the misdiagnosis, the lawsuit may involve several defendants.
Compensation Available in an Oral Cancer Lawsuit
What Can You Recover in a Lawsuit?
Successful oral cancer misdiagnosis lawsuits can provide compensation for:
- Medical Expenses – Covering surgery, radiation, chemotherapy, medications, and future treatments.
- Lost Wages – Compensation for time missed from work due to treatment and recovery.
- Pain and Suffering – Damages for physical pain, emotional distress, and diminished quality of life.
- Wrongful Death Claims – If a loved one passed away due to delayed diagnosis, their family may seek damages.
The severity of the case and the level of negligence play a role in determining compensation amounts.
Statute of Limitations for Oral Cancer Lawsuits in New York
How Long Do You Have to File a Lawsuit?
New York has strict deadlines for filing medical malpractice lawsuits:
- General Malpractice Cases: Must be filed within 30 months (2.5 years) from the date of the negligence.
- Cancer Misdiagnosis Cases (Lavern’s Law): Patients have 2.5 years from the date they discovered or should have discovered the misdiagnosis, with a maximum limit of 7 years from the malpractice date.
Filing after the deadline can result in your case being dismissed, so legal action should be taken as soon as possible.
Steps to Take If You Suspect Misdiagnosis
What Should You Do If Your Oral Cancer Was Misdiagnosed?
If you suspect medical negligence, follow these steps:
- Seek Immediate Medical Attention – Get a second opinion and start the appropriate treatment.
- Collect Medical Records – Request dental visit notes, test results, biopsy reports, and doctor referrals.
- Consult a Malpractice Lawyer – An attorney can evaluate your case, gather expert testimony, and file a lawsuit.
Taking action early helps protect your legal rights and build a strong case.
Preventing Oral Cancer Misdiagnosis
How Can You Protect Yourself?
To minimize the risk of misdiagnosis:
- Schedule Regular Dental Exams – Ensure your dentist performs thorough oral cancer screenings.
- Monitor Symptoms – Report any persistent issues to a healthcare provider immediately.
- Seek Second Opinions – If symptoms persist, consult a specialist.
Being proactive can lead to earlier detection and better treatment outcomes.
Choosing the Right Attorney for Your Case
What to Look for in a Medical Malpractice Lawyer?
When hiring a lawyer for an oral cancer lawsuit, consider:
- Experience in Medical Malpractice – Specialization in cancer misdiagnosis cases is crucial.
- Successful Case History – Check for positive settlements and verdicts.
- Client Testimonials – Reviews from past clients can indicate the lawyer’s expertise.
A skilled attorney can help maximize your compensation and guide you through the legal process.
Conclusion
Oral cancer misdiagnosis can lead to devastating consequences, but victims have legal options. If you or a loved one suffered due to a delayed or incorrect diagnosis, seeking legal help is essential.
A dental malpractice lawyer in New York City can assess your case, fight for fair compensation, and hold negligent providers accountable. Contact an attorney today to discuss your legal rights and potential next steps.
The experienced team at Chianese & Reilly Law is dedicated to holding negligent professionals accountable and securing the compensation you deserve. With over 50 years of experience in dental malpractice cases, our attorneys are ready to provide personalized attention to your case.
Contact us today for a free consultation:
- Phone:516-614-6516
- Online: Schedule your consultation
Don't let negligence go unchecked. Reach out to Chianese & Reilly Law, and let us help you navigate the legal process with confidence.
Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.
