Doctors Misdiagnose Cancer
Many diagnostic errors are unjustifiable, an insult to the trust we put in medical professionals every day. And when these mistakes are the result of medical negligence, patients and families who have been traumatized have the right to file civil lawsuits.
Numerous studies have investigated the prevalence of errors in diagnosing cancer. In hospitals and out-patient cancer centers, patients across the nation become victim to preventable lapses in judgment at alarming rates. But one thing researchers fail to address is the cost an inaccurate or delayed diagnosis can exact on patients.
Families often come to bear the burden of exorbitant, unnecessary medical expenses, while their loved ones suffer through the severe pain caused by inappropriate treatment methods. Emotional distress, fear and anxiety become ordinary, an affliction felt every day and borne equally by loved ones and patients alike. Many misdiagnosed cancer patients are consumed by anger and frustration, if they ever even learn the truth. That anger is often entirely justified.
Filing A Cancer Misdiagnosis Lawsuit
Not every incorrect diagnosis will lead to a viable lawsuit, especially when a condition as complicated and difficult to treat as cancer is involved. In pursuing a cancer misdiagnosis settlement, every plaintiff will be required to prove two basic facts:
1. Your Doctor Violated The Standard Of Care
Like members of any profession, doctors, pathologists and diagnostic technicians are held to a professional standard. The biggest questions that have to be answered in any medical negligence claim are:
- What was the standard of care that your doctor should have followed?
- What actions did your doctor take or fail to take?
- Did those actions or inactions violate their standard of care?
To answer these questions, both Plaintiff and Defendant will rely on the testimony of experts. Most likely, other doctors and technicians will testify in court to clearly define what is reasonably expected of a medical professional under similar circumstances.
Cancer is complicated. It may be perfectly reasonable for a benign tumor to be mistaken for a malignant one, or vice versa. Some cancers present “nonspecific” symptoms at first, signs that can be confused with other conditions. That confusion may have been unavoidable or in fact perfectly avoidable, and an instance of negligence. Defining a standard of care allows us to separate the reasonable mistakes from the unreasonable.
2. Your Doctor’s Violation Led To Avoidable Harm
The second essential consideration is whether or not a physician’s negligence caused you actual harm that could have been avoided. Potential types of harm to consider include:
- a shortened life expectancy
- emotional trauma that results from living under the “threat” of a fatal disease
- exorbitant medical expenses for ineffective therapies
- the pain of undergoing inappropriate treatments, including surgeries
- being forced to undergo aggressive treatments for a late-stage disease that could have been caught earlier
- scarring and disfigurement as a result of unnecessary surgical procedures
Note that proving that these forms of damage were avoidable can be difficult in a cancer misdiagnosis lawsuit. Since many types of cancer have tragically low survival rates, the statistical likelihood of a patient dying without proper treatment is very similar to the risks given adequate treatment. That means “avoidable” becomes harder to prove, since in the vast majority of cases, real harm would have occurred regardless of what your doctor did.
Cervical Cancer Misdiagnosis Lawsuits
Were you or a loved one misdiagnosed with cervical cancer? Were you diagnosed with cervical cancer after being told that your Pap smear results were negative? Cervical cancer misdiagnosis is shockingly common, and new courtroom evidence suggests that many women are being misdiagnosed through the unreasonable carelessness of the labs that read Pap smear tests.
You may have gone through a similar ordeal. Perhaps your loved one was told that her Pap smear did not show any signs of cancer, only to later learn that she in fact had the disease. You aren’t alone. We now know that the labs that read Pap smears prioritize profits over people, overworking their lab technicians to the point where errors are almost inevitable.
Why Cervical Cancer Can Be Misdiagnosed
Cervical cancer is a form of cancer that begins in the cervix, the lowest part of the uterus. Like all other cancers, the disease is caused by the uncontrollable growth of abnormal cells. Cervical cancer is closely linked to HPV, or the human papillomavirus.
The cervical smear test, or Papanicolaou (Pap) smear, is one of the most common lab tests performed in America. Cheap and easy to perform, the test can effectively screen for cervical cancer, but only if the results are interpreted correctly.
More and more, medical professionals are relying on outsourcing their pathology duties, sending off their Pap smear tests to companies like LabCorp to be read. Physicians rely on these results to make their most important diagnostic decisions, but there is now significant evidence that many of these lab companies aren’t doing their part.
Compensations & Settlements for Cancer Misdiagnosis
When medical professionals fail to honor their obligations, the experienced attorneys at Justice Guardians help patients pursue justice. Over decades of successful legal practice, our cancer misdiagnosis lawyers have amassed an impressive record of success. You can trust that we have the resources and experience necessary to get the job done for your family.
Were you or a loved one:
- diagnosed with a non-existent cancer?
- inaccurately diagnosed with a non-cancerous illness?
- diagnosed with the wrong type of cancer?
If so, you may be eligible to file a cancer misdiagnosis lawsuit.
Contact the Justice Guardians today for a free, confidential consultation. We’ll review your case at no charge, discuss your legal options and let you know if we can help. Best of all, our services always come on a contingency-fee basis, so you pay nothing until we secure compensation in your case.