Cancer Misdiagnosis Attorney Queens County

Legal Guidance When Cancer Was Missed Or Diagnosed Too Late

Learning that cancer was missed, misread, or diagnosed too late can be devastating. You may be wondering whether an earlier diagnosis would have changed your treatment, your prognosis, or the time you had with someone you love. You may also be unsure whether what happened was a tragic outcome or a preventable medical error.

My name is David Kates, and I am a Queens medical malpractice attorney who represents patients and families facing possible cancer misdiagnosis. For more than 20 years, I have helped people understand their rights, make sense of complex medical records, and decide whether a malpractice claim is appropriate. I offer free and confidential consultations so you can talk through what happened without any financial pressure.

If your cancer was missed or diagnosed too late, don’t let the hospital control the story. Call (718) 866-3664 to speak with David Kates, our Queens County cancer misdiagnosis attorney, for a free, confidential consultation and a clear review of what happened.

Why I Help Patients & Families After Cancer Misdiagnosis

When I started handling medical malpractice cases more than two decades ago, I saw how deeply a missed or delayed cancer diagnosis can affect an entire family. People come to me after months or years of symptoms, repeated visits, and reassurances that nothing serious was wrong. Then, suddenly, they are facing advanced cancer and wondering whether someone could have and should have caught it sooner.

I personally handle each case in my practice from the first conversation to the final resolution. That means when you call my office, you speak with me about your concerns, and I stay involved in every key decision as your case moves forward. Clients tell me this consistency helps them feel grounded at a time when so much else feels uncertain.

Over the years, I have recovered millions of dollars for clients in medical malpractice matters, including complex cases involving serious and permanent harm. While every case is different and no result can ever be promised, these outcomes reflect the thorough preparation and tenacity I bring to each claim. As a native New Yorker who regularly appears in courts in Queens County, I understand how local judges and juries view malpractice cases, and I know how to frame complex medical issues in ways they can understand.

How Cancer Misdiagnosis Happens & Why It Matters

Cancer misdiagnosis can take many forms. In some situations, a primary care doctor may dismiss concerning symptoms as minor or attribute them to a less serious condition without ordering appropriate testing. In others, tests are ordered but results are never communicated, or abnormal findings are not followed up in a timely way. Diagnostic errors can also occur when radiology images or pathology slides are misread or interpreted without proper care.

These breakdowns can occur in many settings that people in Queens use every day, such as primary care offices, urgent care centers, hospital emergency departments, imaging facilities, and cancer centers. When the system works, abnormal findings lead to prompt follow up, specialist referrals, and appropriate treatment. When it does not, months may pass while cancer grows unchecked, turning a treatable condition into a far more serious diagnosis.

Not every bad outcome is malpractice. Some cancers are aggressive and may progress quickly even with reasonable care. The key question is whether a provider departed from accepted medical practice, and whether that departure more likely than not changed the course of the disease. When I review records in a potential cancer misdiagnosis case, I look carefully at this timeline, the decisions that were made, and what reasonably should have been done at each step.

Do You Have a Cancer Misdiagnosis Case in New York?

Many people contact me because they are unsure whether what happened to them is legally considered malpractice. Under New York law, a viable medical malpractice claim usually involves three main elements. First, there must be a provider who owed you a duty of care, such as a doctor, hospital, or diagnostic facility. Second, that provider must have departed from accepted standards of medical practice. Third, that departure must have caused harm, such as a worse prognosis, more invasive treatment, or loss of a meaningful chance at recovery.

In cancer misdiagnosis cases, this often comes down to whether an earlier diagnosis would more likely than not have changed the treatment plan or outcome. For example, if reasonably ordered tests would have revealed cancer at an earlier stage when surgery or targeted therapy had a higher chance of success, the delay may be legally significant. On the other hand, if the cancer was already advanced and highly aggressive at the time you sought care, even perfect treatment might not have changed the result.

New York also has specific time limits for filing medical malpractice claims. The exact deadline can depend on details such as when the alleged malpractice occurred, when it was discovered, and whether the care took place in a municipal facility. Because these rules are technical, I encourage people to contact me as soon as they suspect a problem, so I can review their situation and advise them about timing. During a free and confidential consultation, I can look at your records and timeline, explain how the law may apply, and give you an honest assessment about whether a claim is worth pursuing.

What To Do If You Suspect Cancer Misdiagnosis

If you believe your cancer was missed or diagnosed too late, it can be hard to know where to start. You may be overwhelmed by treatment decisions, financial pressure, and fear about the future. Taking a few practical steps can help protect your health and preserve important information, while you decide whether to pursue legal action.

These steps can help you prepare:

• Gather medical records related to your symptoms, doctor visits, tests, and treatment, including office notes, imaging reports, and pathology results.
• Write down a simple timeline of when your symptoms began, which providers you saw, what they told you, and when you were finally diagnosed.
• Continue to focus on appropriate medical care, and do not delay necessary treatment while you consider legal options.
• Consider seeking a second medical opinion if you feel unsure about your current plan of care.

When to contact me, I can help you make sense of this information. I review records carefully to identify where communication broke down, where testing was delayed or not ordered, and where accepted medical practice may not have been followed. During our meeting, I will take time to listen to your questions and explain what I see in the chart. You do not have to sort through this on your own.

How I Investigate & Pursue Cancer Misdiagnosis Claims

Cancer misdiagnosis cases are complex, both medically and legally. Part of my role is to guide you through a process that may feel unfamiliar, while you focus on your health and your family. I approach each case methodically, with careful attention to the details that matter under New York law.

Our work together usually begins with a free and confidential consultation. During that meeting, you tell me what has happened, and I ask questions about your symptoms, your medical history, and the providers involved. If we decide to move forward, I obtain and review the relevant medical records in depth, looking for missed opportunities for earlier diagnosis and the potential impact of any delay.

In appropriate cases, I consult with qualified medical professionals who can help evaluate whether the care departed from accepted standards and whether that departure caused harm. If those reviews support a claim, the next step often involves preparing and filing a lawsuit in the appropriate New York court, which may be Supreme Court, Queens County, depending on the details of your case. Throughout this process, I keep you informed, explain each stage in plain language, and work to schedule discussions around your treatment and family responsibilities.

Most malpractice cases involve extensive discovery, including document exchanges, depositions, and sometimes settlement discussions. My goal is always to prepare thoroughly, present your case clearly, and pursue fair compensation for the losses you have suffered. I discuss fees and costs with you before any representation agreement is signed, so you understand how my office is paid and can make an informed decision about proceeding.

Serving Patients & Families Throughout Queens County

Cancer misdiagnosis can occur in any setting where people seek care, and I have seen cases arising from many types of facilities in this part of New York City. Residents of Queens often receive medical services at hospitals, neighborhood clinics, imaging centers, and cancer treatment programs throughout the borough. When a diagnostic error occurs in these environments, it helps to work with an attorney who understands how care is typically delivered here and how these cases progress in local courts.

As a native New Yorker, I am familiar with the rhythms of life in Queens and the realities of navigating care across different providers and systems. I regularly handle matters that proceed in Supreme Court, Queens County, and I understand how judges and juries in this area tend to evaluate medical negligence claims. That local knowledge can be important when explaining complex medical issues and the consequences of delayed diagnosis.

Whether you live in Queens or your loved one received care here while living elsewhere, I can meet with you in person when appropriate or communicate by phone or video if that is easier for your circumstances. My focus is on making the legal process as manageable as possible for patients and families who are already carrying a heavy burden.

Frequently Asked Questions

How Do I Know If My Cancer Misdiagnosis Is Malpractice?

There is no simple test that tells you whether a cancer misdiagnosis is malpractice, but certain patterns raise strong concerns. I look at whether the provider ignored clear warning signs, failed to order tests that reasonably should have been ordered, misread important results, or did not follow up on abnormal findings. I also examine whether an earlier diagnosis would more likely than not have changed your treatment or prognosis under accepted medical practice.

During a consultation, I review your records and timeline in detail and then explain how New York law views the decisions that were made in your care. My goal is to give you a candid assessment, so you do not pursue a claim that lacks legal support, and you do not walk away from a valid case because you assumed nothing could be done.

Will Filing a Cancer Misdiagnosis Case Affect My Current Treatment?

Filing a malpractice case generally does not require you to stop treatment or change doctors immediately, and your health should always come first. Legal claims and medical care follow different tracks. The lawsuit focuses on what happened in the past, while your treatment team works on what you need now.

If you have concerns about how a claim might affect your relationship with a particular provider, we can talk about that in detail. In some situations, patients choose to continue care in the same system, and in others they decide to transfer to a different practice. Each situation is different, and I work with you to understand your options and make choices that feel safe and practical for you.

How Much Does It Cost To Talk With You About My Case?

There is no charge for an initial consultation about a possible cancer misdiagnosis. Our conversation is free and confidential, and you are under no obligation to move forward if you decide that pursuing a claim is not right for you. I offer this because many patients and families simply need informed guidance about what happened and whether the law provides any recourse.

If we both decide to proceed with a case, I explain the fee arrangement before you sign anything, so there are no surprises. My goal is to make it as easy as possible for you to get answers at a time when you may already be facing significant medical bills and lost income.

What Information Should I Bring To Our First Meeting?

Bringing whatever information you already have can make our first meeting more productive, but you do not need to have everything perfect before we talk. Useful items include any medical records in your possession, imaging or pathology reports, discharge summaries, and written instructions from your providers. A simple timeline with dates of symptoms, appointments, and major events is also very helpful.

If you do not yet have records, I can explain how they are typically requested and what I look for when reviewing them. Many clients arrive with only partial information, and that is completely normal. Part of my job is to help gather and organize the materials needed to evaluate your case thoroughly.

How Long Do I Have To File a Cancer Misdiagnosis Claim in New York?

New York has specific time limits, called statutes of limitation, that control how long you have to start a medical malpractice case. In many situations, the time period is measured in years from the date of the alleged malpractice, but there are important exceptions. For example, treatment that continues over a period of time, or care in certain public hospitals or clinics, may affect the deadline.

Because these rules are detailed and very fact-specific, it is important not to assume you are either within or outside the time limit based on general information. When to contact me, I review the dates of your care and the type of facility involved, and I can explain how the timing rules may apply to your situation. Acting promptly gives you a better chance of preserving your rights and securing important evidence.

How Involved Will I Need To Be While I Am Dealing With My Health?

Most clients are relieved to learn that they do not need to manage the day-to-day demands of a lawsuit on their own. Once I represent you, I handle the legal work, such as court filings, communications with defense counsel, and coordination with medical professionals who review the care. Your involvement typically focuses on providing information, reviewing key documents, and participating in important events such as depositions when required.

I understand that treatment schedules, fatigue, and family obligations may limit your availability. I work to plan meetings around your needs and keep conversations focused and clear. My goal is to shoulder the legal burden, so you can devote as much energy as possible to your health and your loved ones.

Do You Personally Handle My Cancer Misdiagnosis Case?

Yes. When you hire my office for a cancer misdiagnosis matter, I personally handle your case from the initial consultation through resolution. I am the attorney who reviews your records, develops your legal strategy, and speaks for you in negotiations and in court. Support staff may assist with administrative tasks, but the core legal work remains my responsibility.

Many clients tell me that having one attorney who truly knows their story makes a real difference in their comfort level throughout the process. I take that responsibility seriously, and I work to maintain clear, direct communication with you at every stage of your case.

Talk With Me About a Possible Cancer Misdiagnosis Case

If you or someone you love has suffered because cancer was missed or diagnosed too late, you do not have to face this alone. I can help you understand what happened from both a medical and legal perspective, and I can explain whether a malpractice claim may be available under New York law. A conversation can give you clarity about your options, even if you decide not to pursue a case.

With over 20 years of dedicated practice in medical malpractice, millions recovered for clients, and a commitment to personally handling each case, my goal is to provide the informed, steady guidance you need during a difficult time. Your consultation is free and confidential, and there is no obligation to move forward.

To discuss a potential case with David Kates, call (718) 866-3664 now.