Cancer Malpractice Lawyer Saratoga
No Fees Unless We Obtain Compensation
Trusted and Award-Winning Representation
Key Takeaways
- Our principal attorney grew up in Saratoga and knows the community: the medical providers, the residents and their values
- Most Saratoga and Capital District hospitals are private facilities with a 2.5-year filing deadline under CPLR Section 214-a
- Some facilities are subject to federal jurisdiction, such as VA hospitals and facilities run by Hudson Headwaters (a Federally Qualified Health Center or “FQHC”). For facilities subject to federal jurisdiction time limits are shorter (two years to file a “Claim”)
Capital District Cancer Care: When Should Your Doctor Have Referred You?
Saratoga Hospital is now affiliated with Albany Medical Center. This has created more opportunities for residents of Saratoga to have access to a broader network of available specialists through the Albany Med network. But if referral or recommendation to see a specialist does not take place when it should, this may lead to poor care, and injuries from lack of specialist input may be the appropriate basis for a case. The question in many delayed diagnosis cases is: when should the local physician have recognized the need for specialized care? We investigate cases where primary care physicians in Saratoga, Clifton Park, or Ballston Spa documented concerning symptoms but failed to refer patients to specialists. We also investigate cases where specialist care itself breaks down.Regional Hospitals We Have Investigated
We have brought medical malpractice cases in Saratoga County, Albany County, and Schenectady County. Our experience includes cases involving the major hospitals that serve Capital District patients, and litigating against the firms typically hired by healthcare providers in the Saratoga-Capital District region.Saratoga Hospital
The primary hospital serving Saratoga Springs, Ballston Spa, and surrounding towns. Provides Emergency Department and inpatient hospital services, diagnostic imaging, laboratory services, and general care.Albany Medical Center
The primary hospital serving Saratoga Springs, Ballston Spa, and surrounding towns. Provides Emergency Department and inpatient hospital services, diagnostic imaging, laboratory services, and general care.Ellis Hospital (Schenectady)
Regional hospital providing Emergency and inpatient hospital care. Patients from southern Saratoga County sometimes receive care here, creating additional coordination requirements.St. Peter’s Hospital (Albany)
Part of the Trinity Healthcare network. A national network that has acquired many regional hospitals throughout the US. We’ve been involved in Trinity Healthcare network cases and understand the corporate entities that need to be included in cases involving care at its facilities such as St. Peter’s.Communication Breakdowns Between Facilities
Some cases arise when there are poor “hand offs” or poor communication. We have investigated and litigated cases where critical information was lost between providers. Examples of the type of things that can go wrong in “hand offs” include:| Where Breakdowns Occur | What Goes Wrong | What We Look For |
|---|---|---|
| Imaging ordered locally, read in Albany | Radiology report is generated but not read in a timely way by ordering provider. | Metadata in the recipients record may show when the report was “opened” and read |
| Biopsy at Saratoga Hospital, pathology sent out | Final pathology report returns but report is ambiguous. | Fax logs, electronic notifications, office follow-up procedures |
| Referral to Albany Med oncologist | Referral paperwork delayed or incomplete, appointment not scheduled | Referral request dates, appointment scheduling records |
| Albany Med sends recommendations back to local doctor | Specialists recommends further testing but local physician does not act | Did the provider write a note that they checked back with the Pathologist? |
Distance and Diagnostic Delays in Regional Healthcare
Saratoga patients do not have a major cancer center on their doorstep. When specialized imaging, biopsy, or consultation is needed, patients must travel to Albany. This geographic reality means delays can occur at multiple points.Potential Cases
- Primary care physician documents concerning symptoms but schedules follow-up in months rather than weeks.
- Imaging test report states “rule out malignancy” but patient is not told, and physician does not order follow up.
- PSA tests show rising levels but not reacted to by physician.
- Patient over 50 not given recommendation for colonoscopy.
- Patient under 50 but with findings of polyps not given recommendation for more frequent monitoring.
- Patient with family history of breast cancer not given option for mammography.
What We Investigate in Saratoga Cancer Cases
We typically obtain records from the “suspected” facility or physician first. We are extremely experienced in reviewing records and cross referencing standards of care. Our own, internal review will then be backed with physician/consultant expert review. If that indicates connections or communication issues involving other providers we will also obtain and review those records as well to follow the flow and communications involved.Records We Obtain
- Primary care records from your Saratoga-area physician documenting when you first reported symptoms
- Imaging studies performed at Saratoga Hospital or local imaging centers
- Laboratory results including any tumor markers ordered
- Referral documentation showing when specialist consultations were requested
- Records from Albany Medical Center, Ellis, or St. Peter’s if you received care there
- All pathology reports and original tissue slides from any biopsy
Expert Review
After reviewing whether standard of care was met (or not) we send records to board-certified oncologists who assess whether earlier diagnosis would have improved outcomes. Important issues we will typically cover: When did you first report symptoms? What did your doctor do? We research what have been done. We analyze whether proper workup have revealed cancer, and so at what stage? What treatment would have been available then versus now?Filing Deadlines: All Private Hospitals
Most providers in the Saratoga and Capital District area are private facilities, governed by a 2.5 year statute of limitations. NY General Municipal Law Section 50-e.| Hospital | Filing Deadline |
|---|---|
| Saratoga Hospital | 2.5 years from malpractice |
| Albany Medical Center | 2.5 years from malpractice |
| Ellis Hospital | 2.5 years from malpractice |
| St. Peter’s Hospital | 2.5 years from malpractice |
| Wrongful death claims (all facilities) | 2 years from date of death |
| VA Hospitals | 2 years (Federal Jurisdiction) |
| Hudson Headwaters | 2 years (Federal jurisdiction) |
Saratoga County Supreme Court
Cancer malpractice cases involving Saratoga Hospital or Saratoga-area physicians are filed in “New York State Supreme Court” for Saratoga County, located at 30 McMaster Street in Ballston Spa. Unlike the US “Supreme Court” New York’s “Supreme Court” is the trial-level (first level) Court of general jurisdiction, where most malpractice cases are filed. If an appeal is taken, it goes to the “Appellate Division.” The “highest” appeal Court in New York is the “New York Court of Appeals.” We know the area Courthouses and local rules as well as State wide rules of practice. Cases involving Albany Medical Center may be filed in Albany County Supreme Court, depending on where the malpractice occurred. Also a patien has the right to file a case in the venue (County) where they reside, even if the care did not take place there. So, for example, a Schenectady resident may in appropriate cases file their case in Schenectady County, even if the care took place in Saratoga, Warren or some other County. In deciding where to file, we will look to the available options based on the law, and also consider the “best fit” between case facts, Plaintiff, Defendants and County.Compensation in Delayed Diagnosis Cases
When cancer diagnosis is delayed and the disease progresses to a more advanced stage, damages may include:- Effects of additional treatment costs: Surgery, chemotherapy, radiation, and ongoing care that would not have been needed with earlier diagnosis
- Lost income: Time away from work during extended treatment, and any permanent impact on earning capacity
- Non-economic damages: Physical and emotional toll of more aggressive treatment and reduced prognosis
- Wrongful death: If delayed diagnosis resulted in death, the family may pursue a claim for losses to the family (under EPTL Section 5-4.1)
Our Saratoga Office
We maintain an office in the Saratoga area to serve Capital District clients.Deutsch Law, PC – Saratoga Office
Address: 487 Middle Grove Road, Middle Grove, NY 12850 Phone: (914) 279-4500 Service Area: Saratoga Springs, Ballston Spa, Clifton Park, Greenfield, Malta, Wilton, and the Capital DistrictFrequently Asked Questions: Cancer Malpractice in Saratoga
What deadline applies to my cancer malpractice case in Saratoga?
Most Saratoga and Capital District hospitals are private facilities. The statute of limitations is 2.5 years from the date of malpractice under CPLR Section 214-a. Unlike New York City, there is no 90-day Notice of Claim requirement. In some cases further extensions may apply, and the “clock” for the statute of limitations does not begin to run until discovery of the diagnosis. However, contact us well before the deadline so we can confirm the applicable period, and review well before the deadline.My care involved both Saratoga Hospital and Albany Med. Can I still pursue a claim?
Yes. When cancer diagnosis involves multiple facilities, we investigate the entire chain of care. We determine whether the failure occurred at the community hospital level, the referral process, or the specialized center. Multiple defendants from different facilities may be named in the same case.Where would my Saratoga cancer malpractice case be filed?
Cases involving Saratoga Hospital or Saratoga-area physicians are typically filed in Supreme Court, Saratoga County at 30 McMaster Street in Ballston Spa. Cases involving Albany-area hospitals may be filed in Albany County. But sometimes other counties may be options, such as a different county where the patient/Plaintiff resides. We determine the appropriate venue based on the law, and within the legal options, which County may be the best “fit” for the case.How long do cancer malpractice cases take to resolve?
Medical malpractice cases in New York typically take 2-4 years from filing to resolution. These cases are typically litigated aggressively by the other side and will require a number of “depositions” before the other side may consider settlement. For cases where not satisfactory settlement is available, we are willing and able to take these cases successfully to trial. Though time to trial may add additional time to resolution. We give our clients realistic advice on what to expect. And, we try to alleviate concerns and not have your case be a burden during the life of the case. And, we keep our clients informed throughout the process.What if my family member died from cancer that was diagnosed late?
The estate may pursue a wrongful death claim under EPTL Section 5-4.1. We work with experts including oncologists to determine whether earlier diagnosis would likely have prevented death or significantly extended life. Wrongful death claims must be filed within 2 years of the date of death.Do you offer free consultations for Saratoga cancer cases?
Yes. We offer free initial consultations to evaluate whether you may have a viable claim. We can obtain your medical records and have them reviewed by oncology experts. If we accept your case, we work on a contingency basis, meaning you pay no legal fees unless we obtain compensation for you.Concerned About a Delayed Cancer Diagnosis?
Laurence Deutsch, principal of the firm, grew up in Saratoga and knows this community. If you believe your cancer diagnosis was delayed at Saratoga Hospital, Albany Medical Center, or another Capital region facility, contact our office for a free consultation. Schedule a Free ConsultationWhat Our Clients Say
Mrs. D.
Your integrity and professionalism were truly exceptional. You believed in us right from the start. Your summation was just fabulous. You should be so proud.
K.R.
I honestly never imagined that I would receive such a large settlement. I am very grateful that you represented me with such professionalism, knowledge, courtesy, and great negotiating skills. It's such a comfort knowing I have a nice cushion for retirement and my family.
Mrs. B.
Consulting you was the best thing I could've done. There aren't enough words to describe how thankful and grateful I am that you represented me. You were very comforting and always kept me informed during the process. I am ecstatic that my case was settled for a fairly large sum.
J.M.
Mr. Deutsch was knowledgeable, honest, trustworthy, courteous, patient, kind, and most importantly, transparent. He kept my family and I informed through the entire process. Mr. Deutsch's work helped us obtain justice for my dad's wrongful death and a settlement. I would recommend him highly.
R.M.
Larry is a tenacious and talented medical malpractice lawyer who has achieved great results for his clients. He usually has a fresh approach to legal issues. If I had to refer out a case, I would send the client to Larry, whether for medical malpractice or a general personal injury matter.
Sarah L.
Watching Larry work was truly astonishing. He has taken a profession and turned it into an art form. He is incredibly quick on his feet and his actions are very carefully thought out. As brilliant as Larry is, he still has honesty, integrity, modesty and a genuine concern for his clients. I very highly recommend Larry.
P.K.
Laurence is an expert in his field and each client I refer to him is always extremely grateful for my referral to him.
M.R.
Larry was successful in settling the case on my behalf. He represented me with such professionalism, knowledge, courtesy, and of course, great negotiating skills. I would recommend him highly.
D.K.
Mr. Deutsch is knowledgeable, honest, trustworthy, courteous, and has a calm demeanor combined with sharp negotiating skills. He kept my family and I informed through the entire process. He always kept our expectations realistic, yet exceeded them. I highly recommend him.
Mr. and Mrs. V
Please accept our gratitude for your herculean efforts. Because of your guidance, we can now hopefully smile. You were our general; you were our Atticus Finch.
Lawrence Franco
Mr. Deutsch is a caring and maravilloso individual who work hard to find the best possible settlement for my case. I'm very appreciative for his hard work and dedication that lead to an outstanding outcome. He is highly recommended for individuals who are looking for an understanding medical Malpractice attorney.
Vicki
Mr Deutsch presented our case clearly and aggressively and gave excellent advice on settlement.
T.S.
Outstanding legal representation with exceptional results. Larry's expertise in personal injury law is unmatched.
B.S.
Mr. Deutsch's dedication to our case was remarkable. His attention to detail and aggressive representation led to a favorable outcome.
Maria G.
Larry's compassionate approach during our difficult time was exactly what we needed. He fought tirelessly for justice.
N.T.
Professional, knowledgeable, and results-oriented. I couldn't have asked for better legal representation.
R.P.
Mr. Deutsch's expertise in medical malpractice law helped secure the compensation I deserved. Highly recommended.
F.M.
Larry's commitment to our case was unwavering. He delivered exceptional results when we needed it most.
G.L.
Outstanding attorney with proven track record. I regularly refer clients to Larry with complete confidence.
J.S.
Exceptional negotiation skills led to a settlement that exceeded our expectations. Truly grateful for Larry's expertise.
K.W.
Larry's deep understanding of medical malpractice law was evident throughout our case. Excellent results achieved.
H.W.
Mr. Deutsch is a fierce advocate who truly cares about his clients. His dedication to justice is remarkable.
Michael D.
Larry helped secure the compensation needed for my recovery. His expertise made all the difference in our case.
L.T.
Top-tier legal representation with personalized attention. Larry's professionalism is unmatched in the field.
Jennifer M.
Outstanding legal counsel that delivered results beyond our expectations. Highly recommend Larry Deutsch.
C.H.
Larry is a trusted advocate who fights relentlessly for his clients. Exceptional legal representation from start to finish.