One of the most common reasons medical malpractice laws are filed is due to a patient misdiagnosis. This type of lawsuit is especially troubling because when a disease or condition is misdiagnosed; proper treatment is not given which can be devastating. A misdiagnosis of cancer can be extremely serious and can lead to death that could otherwise have been prevented if early treatment had been given.
Today, the medical profession has a number of standard tests that are used to help detect various forms of cancer. The exact type of test that will be used can vary somewhat depending on the type of cancer the doctor suspects. This is precisely where the problem occurs. Since there is no single test or set of tests that can be used to find all forms of cancer, your doctor must properly assess your symptoms in order to order the appropriate test. Routine cancer screenings are important for this reason; since some forms of cancer are already in advanced stages when the symptoms appear.
Cancer misdiagnoses happen more than you’d like to believe. According to a recent study conducted by Harvard University, cancer is one of the most commonly misdiagnosed diseases in the United States. When this happens, the cancer grows, spreads, and then becomes less likely to be treated.
Some of the most commonly misdiagnosed forms of cancer include:
Breast Cancer: Although there have been great advances in the treatment of breast cancer, it still tops the list of the most frequently misdiagnosed cancers. This is due to the fact that it is one of the most common types of cancer. It is estimated that up to ten percent of all women will be diagnosed with breast cancer at some point in their lives. Regular screening exams, such as mammograms, have become an essential early detection tool. These types of tests need to be done as soon as possible to find cancer in its early stages. The main reason why breast cancer is misdiagnosed so often is that doctors often do not have the proper skills to detect breast lumps, correctly interpret test results, and recognize the symptoms of inflammatory breast cancer. , which is a rare but aggressive form. This type of cancer is often misdiagnosed as an infection because it does not cause lumps, just inflammation.
Lung Cancer: It’s not uncommon for lung cancer to be misdiagnosed as a much less serious condition, such as bronchitis, a respiratory infection, or COPD. Since there are no early detection tests for lung cancer, it often goes undetected until the late stages, making treatment quite difficult.
Colorectal cancer: This form of cancer is another commonly misdiagnosed form for a number of reasons. In the early stages, many people do not have any symptoms, making early detection tests, such as colonoscopies, critical. Also, when symptoms are present, they are often mistaken for minor illnesses, such as hemorrhoids or irritable bowel syndrome. Finally, colorectal cancer is an embarrassing thing to discuss, which is why many patients delay treatment.
Brain Cancer: Brain cancer often has no symptoms that are consistent and is commonly misdiagnosed as migraine headaches.
While there are no guarantees in the medical world, it is inevitable that mistakes will be made, such as a misdiagnosis of cancer. When these mistakes are made, the consequences can be deadly and a patient may have to undergo many unnecessary medical treatments that can be painful and expensive. Missing a diagnosis entirely can lead to a delay in treatment leading to more serious disease progression and even death.
When this occurs, a patient and/or surviving family members can sue the doctor for lost wages, medical expenses, lost quality of life, pain and suffering, and more.
Cancer can be deadly and in the United States it is the second leading cause of death; second only to heart disease. This disease can be distressing for both the patient and his family. Delaying treatment will only worsen these effects, and there may also be other misdiagnosed or overlooked underlying conditions that cause the disease to progress further.
Now that we have discussed what types of misdiagnoses can occur and the consequences they can have, it is now important to determine why these errors occur in the first place.
Benign tumors are misdiagnosed as malignant and vice versa;
The tests are not performed or interpreted correctly, or are not handled correctly by the hospital or medical center;
The tests are completely misinterpreted by the doctor or other medical personnel;
The doctor does not refer the patient to a cancer specialist for more in-depth examinations;
Early detection is not performed or is not performed adequately in patients considered to be at high risk;
Doctors dismiss patients’ complaints or symptoms.
If you or someone you love has experienced the heartbreak of a cancer misdiagnosis, you know firsthand how devastating this can be to your life and the lives of those around you. It is very important that you seek the assistance of a personal injury lawyer in order to recover some of your damages for medical expenses, lost income, pain and suffering, and funeral expenses. Surviving family members can also sue the doctor for wrongful death and punitive damages.
Since this subject is extremely sensitive, it can be difficult to determine a monetary value. Because of this, courts now base their figures on previous court rulings. Some states have caps on compensation and maximum damages between $250,000 and $750,000.
It will be very difficult, if not impossible, to file a medical malpractice lawsuit for a misdiagnosis of cancer without the help of a medical malpractice lawyer who specializes in this area. An experienced professional who has handled a number of cases of a similar nature knows the ins and outs of the system well, and will be able to manage your case effectively to achieve the best possible settlement.