A delayed cancer diagnosis or the failure to accurately diagnose cancer is, unfortunately, common. Once diagnosed with cancer, a treatment regimen should be implemented by your team of medical professionals. The failure to do so due to an incorrect, delayed, or incorrect diagnosis can end horribly for the victim.
If you or a loved one were incorrectly or inaccurately diagnosed, the outcome can be life-threatening or even fatal. You should immediately contact a cancer misdiagnosis attorney to discuss your rights and potential compensation for damages suffered.
What Can Cancer Be Mistaken For?
Medical misdiagnosis claims are the most common types of medical negligence lawsuits. They account for at least half of all medical malpractice cases in the United States. Of those claims, cancer misdiagnosis claims are the most commonly misdiagnosed medical condition.
Breast cancer and lung cancer are the two most commonly misdiagnosed types of cancer. There are more than 100 types of cancers recognized in American medicine, and some of the more inaccurately diagnosed cancers are:
- Gynecological cancers, such as cervical cancer, ovarian cancer, and uterine cancer, often get misdiagnosed as menstrual problems, endometriosis, or menopausal symptoms. They can even be misdiagnosed as abdominal discomfort or gastric issues.
- Reproductive cancers, like prostate cancer and breast cancer: These cancers can often be misdiagnosed as benign prostate enlargement or harmless lumps that constitute fibrocystic changes, especially in younger women.
- Stomach/digestive system cancers, like abdominal cancer, pancreatic cancer, gastric (stomach) cancer, liver cancer, esophageal cancer, gallbladder cancer, and colorectal cancer: Cancer can be dismissed as a more common GI issue, like gastritis, irritable bowel syndrome, or acid reflux. Colorectal cancers can also be misinterpreted as hemorrhoids or other rectal issues.
- Skin cancer misdiagnosis happens when tumors are mistaken for benign moles, eczema, rashes, or other common skin conditions.
- Cancers of the urinary system, such as bladder and kidney (renal cell) cancers: These cancers often get misdiagnosed as urinary tract infections, kidney stones, or benign prostate issues.
- Lung cancer often gets misdiagnosed as bronchitis, pneumonia, or respiratory infections. Persistent coughs may be considered as asthma or general respiratory issues related to air quality, etc.
- Other metastatic cancers, including brain cancer, thyroid cancer, and lymphomas (including non-Hodgkins lymphoma): Brain cancers can be misdiagnosed as migraines or chronic headaches. Thyroid cancer can be confused with thyroiditis, and lymphoma often overlaps with viral infections and autoimmune conditions.
- Pediatric injuries related to cancer.
How Often Is Cancer Misdiagnosed?
Roughly 10% to 20% of all cancer cases are misdiagnosed. Furthermore, around 30% are life-threatening or health-threatening, meaning their misdiagnosis or delayed diagnosis can lead to a significant number of deaths every year.
A misdiagnosis should be treated seriously, as early intervention is critical in successfully treating cancer. Unfortunately, it is easy to misdiagnose cancer, and doctors can be fallible in their evaluations of their patients.
Is a Cancer Misdiagnosis Considered Medical Malpractice?
You can sue for cancer misdiagnosis as medical malpractice, especially if the doctor did not uphold their duty of care to you as a patient. It is a doctor’s responsibility to ensure that the medical advice and diagnoses they give are accurate. While mistakes can happen, there is no excuse for misdiagnosis due to misinterpreting results, ignoring lab results, and failing to refer to specialists when necessary.
How Can You Tell if Your Cancer Was Misdiagnosed?
There are several ways you can tell if your cancer was misdiagnosed:
- The treatment plan you received does not reflect the symptoms or issues you are facing.
- The doctor does not do follow-up testing or make a confirmed diagnosis based on the results of one test.
- The doctor ignores certain symptoms or issues you may have.
- The doctor fails to adequately test based on your symptoms.
- There is a clear lack of communication between the medical facility and you about your health issues.
Remember that every case is different. Your case may have unique circumstances surrounding it that would also qualify you as being misdiagnosed. It is best to speak to a cancer misdiagnosis lawyer for the right advice.
Can You Sue if You Were Correctly Diagnosed with Cancer, But the Diagnosis Was Late?
Yes. Time is of the essence when it comes to treating cancer. If your cancer diagnosis was late due to being misdiagnosed in the beginning, you absolutely can file a claim against the doctor and sue them for their error.
A late diagnosis of cancer could mean that your initial doctor did not take the proper time and effort to meaningfully treat you and take your symptoms seriously. This can qualify you to file a lawsuit.
How Can a Lawyer Help with a Cancer Misdiagnosis Case?
A cancer misdiagnosis attorney can help you in several key ways to ensure that your case has the best chance of success:
Hiring Experts to Testify on Your Behalf
Expert opinion is very helpful in supporting cancer misdiagnosis cases. An experienced lawyer can retain medical experts who can testify in court to help demonstrate the damages you suffered due to your cancer misdiagnosis and the errors your doctor made when you came to them with your symptoms.
Represent Your Best Interests
Remember, the doctor you file a claim against is not likely to want to work with you to give you the settlement you deserve. It is more likely they will fight your claim and try to get you to settle for the minimum. A lawyer will represent your best interests and ensure that you fight for the cancer misdiagnosis compensation amounts you rightfully deserve to the fullest.
Help You File Your Claim on Time
Cancer misdiagnosis cases can take a long time to settle. Your lawyer can handle all the upfront legal work and ensure that your case is filed within the statute of limitations. With a resourceful law firm like Shelsby & Leoni by your side, you can rest knowing that your case is being handled within a reasonable time frame.
Provide Knowledgeable Legal Advice
Holding your doctor accountable for your misdiagnosis is more than just filing a claim in court. While you focus on recovery and fight to get better, your lawyer will handle all of your legal affairs and work with you to make the best choices about your case.
Accurately Calculate Your Damages
It can be hard to determine what your damages are worth after a cancer misdiagnosis. When filing a claim, you will want to make sure that all of your damages are accurately accounted for. A medical malpractice attorney can help you calculate all the economic and non-economic damages related to your case to ensure nothing is left out.
What Types of Damages Can You Sue for in a Cancer Misdiagnosis Case?
Here are a few of the most common types of damages for which you could recover compensation in a cancer misdiagnosis case:
- Loss of Wages or Earning Capacity: Your cancer misdiagnosis may lead to you being unable to work, or not being able to work in the same capacity that you used to, which would directly impact your ability to earn wages or earn as much as before the misdiagnosis. You can ask for these lost wages in your claim.
- Medical Expenses: Your medical expenses, such as treatments, surgeries, hospital visits, rehab, medications, lab testing, and more can be recovered through your claim.
- Pain and Suffering: The physical pain related to your cancer and the emotional distress it causes are damages that you can recover. It is hard to calculate these damages, so it is best to consult with your lawyer.
- Loss of Enjoyment of Life: The reduced quality of life you have experienced due to your misdiagnosis is something you can recover compensation for.
- Loss of Consortium: Your cancer misdiagnosis may cause a loss of companionship or intimacy,y which can be factored into your settlement.
- Wrongful Death: If you have lost a loved one due to a cancer misdiagnosis, you can file a wrongful death suit that can provide financial compensation for funeral costs, medical costs, pain and suffering, etc.
The damages you can sue for are not limited to this list. So long as the damage you have suffered is directly related to your cancer misdiagnosis, you can factor it into your claim. It is best to talk to your lawyer, who can make sure that your damages are accurately accounted for.
Contact an Experienced Cancer Misdiagnosis Law Firm Today
While you focus on your health and wellness, our dedicated and experienced cancer misdiagnosis attorneys are ready to help you. Our lawyers have helped our clients recover millions in their cases. We will work hard to fight on your behalf and will not hesitate to go to trial if necessary.
You do not have to go through the claim process alone. Call Shelsby & Leoni today for a free case analysis.