cancer treatment

The Legal Rights of Patients Seeking Cancer Treatment and Possible Damages Associated With Misdiagnosis or Mistreatment

By Greg Kohn

Receiving treatment for a cancer diagnosis can be stressful and physically challenging. You trust the cancer treatment center or health facility to provide proper care and treatment. Negligent treatment and misdiagnosis of cancer can be life-threatening. Our New Jersey medical malpractice attorney discusses your rights as a cancer patient and what you can do if you are the victim of medical malpractice or negligence.

What Are Your Rights as a Patient in New Jersey or New York?

As a patient of a New Jersey or New York cancer treatment or other health facility, these are your rights:

  • Understand your patient rights and receive assistance in understanding your rights, including an interpreter.
  • Not be discriminated against based on a protected class or be deprived of any civil, constitutional, or legal rights because of receiving services from the facility.
  • Receive respectful, considerate, and courteous care in a safe and clean environment free of unnecessary restraints.
  • Receive emergency care and treatment when necessary.
  • Be informed of the person treating you and their position at the facility.
  • Refuse treatment, observation, and examination by hospital staff or doctors, and be informed of how refusing treatment could affect your health. 
  • Receive complete information about your cancer diagnosis, treatment, and prognosis, including all information you need to give informed consent.
  • Refuse to participate in research. 
  • The right to privacy and confidentiality. 
  • The right to participate in all decisions about your health and cancer treatment. 
  • Review your medical record and itemized bill for services.
  • Make complaints about care and services received without fear of retaliation or reprisals. 
  • Authorize family members or other adults priority to visit.
  • Make your wishes known concerning being an organ donor. 
  • To be free from exploitation and abuse. 
  • Not perform work for the facility unless the work is part of the patient’s treatment.
  • Exercise religious and civil liberties. 

In New Jersey, cancer patients can also expect and receive appropriate treatment, management, and pain assessment as a component of their care per N.J.A.C. 8:43E-6. The cancer facility or health care facility is required by law to inform you of your patient rights. If you are not informed of your patient rights and that failure causes you harm, talk with a New Jersey medical malpractice lawyer to determine if you have a claim.

Medical Malpractice Lawsuits for Cancer Misdiagnosis and Mistreatment 

There are many reasons doctors fail to diagnose cancer. Misdiagnosis of cancer in primary care often involves routine screening exams and delays in testing and/or referral. Cancer misdiagnosis also occurs because doctors fail to follow up with patients, misinterpret test results, and make errors when collecting and testing samples. 

Mistreatment of cancer is another type of cancer malpractice. A physician may fail to prescribe the correct treatment, use an outdated treatment process, or fail to perform surgery. In some cases, a doctor might prescribe aggressive cancer treatments that are unnecessary based on the patient’s condition.

What Can I Do if I Believe I Am the Victim of Cancer Misdiagnosis or Mistreatment? 

Contact an experienced New Jersey cancer misdiagnosis lawyer to discuss your case. You could be entitled to compensation for lost wages, out-of-pocket expenses, medical bills, and other economic damages. You may also receive compensation for your pain, suffering, and other non-economic damages.

A cancer malpractice attorney can help you file a medical malpractice lawsuit for cancer mistreatment and/or misdiagnosis if your doctor or medical facility caused you harm by failing to treat your cancer correctly. Cancer misdiagnosis and mistreatment cases are complicated personal injury claims. Therefore, only work with top-rated medical malpractice lawyers in New Jersey. 

Schedule a Free Consultation with Our New Jersey Personal Injury Attorneys 

Were you injured or harmed because your patient’s rights were violated? Did your physician misdiagnose your cancer or fail to order the correct cancer treatment? If so, you may be entitled to compensation for your injuries and damages. Contact Nagel Rice today to schedule a free case evaluation with an experienced New Jersey medical malpractice lawyer. 

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.