Does My Cancer Misdiagnosis Warrant a Personal Injury Lawsuit?


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Cancer has become one of the leading causes of death worldwide, and it is projected to impact even more individuals as time goes on. According to the National Cancer Institute, it is estimated that worldwide cancer cases will increase by 50 percent from 2012 to 2030, from 14 million to 21 million. Additionally, it is projected that worldwide cancer deaths will increase by 60 percent, from 8 million to 13 million.

While the numbers are disturbing, they are not necessarily surprising. When you stop and think about it, most of the people you know are connected to cancer in some way. So many individuals are impacted by cancer these days, whether they get it themselves or have a close friend or family member who suffers from this terrible disease.

With the occurrence of cancer cases increasing and new medical advances continuously being made in this arena, doctors are typically able to administer a correct diagnosis quicker and more efficiently. However, this is not always the case. And negligence often is involved.

Cancer Misdiagnosis Due to Negligence

When it comes to incorrectly diagnosing cancer, there are a few potential scenarios.

A doctor incorrectly diagnoses a patient with cancer when, in fact, he or she does not have the disease.

This may seem like something out of a movie, but it actually does happen. There are instances where the diagnosis was the result of a mistake, such as a faulty test or results getting mixed up. Additionally, some doctors simply throw out a cancer diagnosis before they have a complete and accurate understanding of what is going on with a patient. When a doctor does not do his or her due diligence to come up with a correct medical diagnosis, negligence has occurred.

A doctor fails to give the cancer diagnosis, thinking that the culprit is some other medical issue.

We go to the doctor when we do not feel well or it seems like something is off. A doctor gives us a diagnosis, we take his or her word for it, and we proceed with the necessary treatment. Unfortunately, this can be to a patient’s detriment when the doctor gets the diagnosis wrong. Especially in patients who are suffering from cancer, this means that valuable time is lost. Instead of attacking the disease, the cancer is now given the time and opportunity to spread and worsen.

Misdiagnosed Cancer Can Be Tricky

If you or a loved one received a cancer misdiagnosis, we fully understand that you are both upset and angered by the situation – upset that the cancer was able to get stronger before treatment began. However, it is important to remember that just because a doctor did not catch the cancer right away, it does not automatically mean that you have grounds to file a personal injury lawsuit.

The truth remains that doctors are not miracle workers, they are just individuals who are highly trained at treating medical conditions. This means that they are still capable of making mistakes and missing things from time to time. If the symptoms were confusing or it was an extremely rare case of cancer, coming to a correct cancer diagnosis may have been very challenging.

On the other hand, you also need to make sure that the doctor and other medical professionals involved did their due diligence to find out what was going on.

  • Was the patient’s medical history thoroughly reviewed?
  • Were all the necessary screening tests performed?
  • Were the tests results there, but they were just misread?
  • Did the doctor have information that pointed to cancer and failed to do anything about it?
  • Could the cancer misdiagnosis have been easily prevented?

Proving that negligence was involved in a cancer misdiagnosis can be tricky, so it is important to have a team of experienced attorneys on your side. If you or a loved one have been catastrophically injured because of a cancer misdiagnosis, contact the team at Ross Feller Casey today to learn more about your options. The firm is the recognized leader in cases involving the failure to diagnose cancer lawsuits, and has won numerous multi-million dollar recoveries on behalf of its clients.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.