Skin cancer is an abnormal growth of skin cells. It typically responds well to treatment if diagnosed early. Conversely, if melanoma is diagnosed late or inaccurately, it can be life-threatening, similar to other forms of cancer. The fact that early detection often improves survival rates, underscores the importance of timely, accurate skin cancer diagnosis.
If you or a loved one suffered harm due to a delayed or missed melanoma diagnosis, our compassionate skin cancer misdiagnosis lawyers are here to help you pursue the compensation you deserve for your losses.
What Does Skin Cancer Look Like?
Skin cancer comes in a variety of forms, and some share many attributes with benign conditions. Below are some typical physical indicators of skin cancer, but keep in mind that some types of skin cancer will only display one or two of the traits listed below, or none at all:
- Asymmetry: If one-half of the lesion is a different shape from the other half, it might be an indicator of melanoma or another form of skin cancer. However, some types of cancer may form circular or oval-shaped nodules.
- Uneven Borders: Some types of skin cancer display smooth, even borders. However, more common types (such as melanoma) have jagged, blurred, or uneven edges compared to other types of skin growth.
- Multiple Colors: Skin cancer often displays a variety of colors, such as brown, black, red, white, purple, or blue, all within the same lesion. However, other types, such as basal cell carcinoma, may be the same color as your skin tone.
- Rapid Growth: Any skin lesion that grows rapidly over a few months should be looked at by a medical professional, ideally a dermatologist.
- Itchiness: Persistent itching or irritation in a mole or skin spot can be an early sign of skin cancer, especially if it’s a new symptom.
- Raised Surface: Some skin cancers may develop a raised or thickened texture, forming a noticeable bump or nodule that grows rapidly and won’t go away.
- Bleeding: Spots that bleed easily, scab over, and then bleed again without healing may indicate basal or squamous cell carcinoma.
The early and accurate diagnosis of any type of cancer is essential for the health and longevity of a patient. Skin cancer is typically caused by factors like sun exposure, genetics, and family history. During your annual physical exams, you should have all peculiar skin lesions and moles checked to see if they are cancerous. Your healthcare provider should be able to determine if your symptoms are normal or possibly cancerous. Any suspicious issues should be analyzed for cancerous growth or cells.
Is Skin Cancer Deadly?
While skin cancer generally has a positive outlook, several types can metastasize quickly and become fatal in only a few months or even weeks after detection. This is why it’s important to get regular screenings with a dermatologist and seek a second opinion if you feel something is off. Here’s a list of a few types of skin cancer and their general outlook and survival rate from the American Cancer Society:
- Basal Cell Carcinoma (BCCs): BCCs are one of the most common types of skin cancer and generally have a favorable outlook, with nearly 100% of patients surviving past 5 years.
- Squamous Cell Carcinoma (SCCs): SCCs are also generally considered less likely to advance quickly, with around 95% of patients surviving past 5 years. However, if SCCs spread to other parts of the body, the survival rate drops to 40%.
- Melanoma: If caught early, melanoma rarely takes lives. At Stages I and II, the survival rate for patients over 5 years is about 99%. However, melanoma is one of several types of skin cancer that spreads rapidly and can advance to Stages III and IV in only a matter of weeks; if this happens, the survival rate can drop to 32%.
- Merkel Cell Carcinoma: MCCs, while somewhat rare, are one of the most aggressive and deadliest types of skin cancer. If localized, patients have about a 76% chance of survival past 5 years; however, if it spreads, the survival rate can drop to 23%. MCCs are also dangerous in that they resemble BCCs or SCCs, which are much less serious forms of skin cancer, comparatively, which may cause doctors to misdiagnose or dismiss them.
How Is Skin Cancer Misdiagnosed?
Skin cancer can range significantly in appearance, but it commonly resembles other types of benign lesions like moles, warts, blemishes, and pimples. An experienced and diligent doctor will always err on the side of caution, even if a lesion is unlikely to be cancer, but unfortunately, many others may dismiss their patients’ concerns or fail to recognize the risk of cancer when they perform an exam. They may also fail to refer their patients to specialists when needed or delay treatment or biopsies until it’s too late.
Unfortunately, many forms of skin cancer can spread rapidly, so even a minor delay for a few weeks can result in a cancer advancing from Stage I to Stage IV.
How Often Is Skin Cancer Misdiagnosed?
Skin cancer is one of the most frequently misdiagnosed forms of cancer. Some studies suggest that as many as 30% of skin cancers are misdiagnosed, especially in the early stages.
If you’re feeling ignored or dismissed by your doctor following a skin cancer screening, it’s time to seek a second opinion. This is especially true if you have a bump or lesion that is getting larger, changing colors or shapes, or frequently bleeding.
How Can a Lawyer Help with a Skin Cancer Misdiagnosis?
Unfortunately, by the time misdiagnosed cancer patients finally get another opinion, the cancer has already spread to the point of being life-threatening. If this happens, many individuals and their families choose to hire a medical misdiagnosis lawyer to investigate if negligence played a role in a delayed skin cancer diagnosis.
During their investigation of the claim, a skin cancer misdiagnosis lawyer might consult medical experts to provide context for the misdiagnosis, communicate with involved parties, and work to uncover any procedural failures on the part of the medical staff. They will likely gather and organize medical records, file paperwork, and walk the individual or their family through the process of filing a suit for compensation.
Wrongful Death Lawsuit After a Skin Cancer Misdiagnosis
Skin cancer misdiagnosis frequently leads to fatalities, especially if the cancer is particularly aggressive. Burying a loved one who has died a preventable death is one of the most traumatic events in a family member’s life. Beyond the emotional hardship of the event, they may also be left to pay hundreds of thousands in medical bills following their loved one’s passing.
If you’ve lost a loved one due to medical malpractice or a skin cancer misdiagnosis, our firm can work with you to file a wrongful death lawsuit against the negligent parties and seek compensation for the emotional and financial hardships you’ve endured as a result.
Skin Cancer Misdiagnosis: What Damages Can You Seek?
Compensation in cancer misdiagnosis cases is addressed through settlement negotiations. Typically, you and your lawyer will meet with the negligent parties in front of a judge or arbitrator to go over how the misdiagnosis has affected you and your family. If you win your case, you’ll be awarded compensation for the damages incurred.
Here are a few examples of the types of damages you may be able to receive compensation for:
- Medical Expenses: Cancer treatment is among the most expensive medical treatments available, but it’s especially expensive if it’s put off until the cancer has spread due to a misdiagnosis.
- Lost Wages: If your cancer advances to the point of not being able to work, you might be able to sue for lost wages.
- Emotional Trauma: Cancer is one of the most traumatic experiences that a person and their family can endure. If your misdiagnosis has left you with emotional trauma, PTSD, depression, or anxiety, you may be awarded compensation for your suffering.
- Disability: Cancer and its treatments can cause long-term chronic pain and disability. This can affect all aspects of a person’s life, including work, socializing, leisure, and family commitments.
- Burial and Funeral Expenses: If a family tragically loses their loved one due to a cancer misdiagnosis, they have the right to sue for the cost associated with funeral and burial expenses.
How to Establish Liability in a Skin Cancer Misdiagnosis Case
To establish liability in a skin cancer misdiagnosis case, you’ll need to prove each element of medical malpractice under your state’s law, namely:
- Duty of care under the doctor–patient relationship
- Breach of the standard of care from what a reasonably competent healthcare provider would have done
- Your injuries (or your loved one’s death) was the direct result of such breach
- You suffered losses due to such breach
It is possible that more than one party may be at fault for a skin cancer misdiagnosis. Your primary care provider or dermatologist may be at fault if they did not properly diagnose your cancer. If your doctor sends a specimen to the laboratory and they do not do a thorough analysis, then the laboratory may be at fault. If your test was done in a hospital or cancer center, then the umbrella company or parent organization may be liable.
Contact a Skin Cancer Misdiagnosis Attorney for Help
Do you feel that you or your loved one has been a victim of a skin cancer misdiagnosis? Let our experienced medical misdiagnosis lawyers take care of figuring out who the liable parties are and fight to hold them accountable for your losses. We will conduct a thorough investigation, consult leading medical experts, and build a case tailored to secure the compensation you deserve. With strict deadlines governing malpractice claims, it is important to speak to an attorney early. Contact us today to arrange for a free consultation.