Dealing with cancer is difficult enough – both for patients and their families.
According to the American Cancer Society, Illinois has around 80,000 new cancer cases every year, Indiana comes in at around 42,000, and Wisconsin has around 40,000.
But what happens when the diagnosis is wrong or comes too late? The gravity of these situations is immense (regardless of the cancer types), as it can significantly alter the course of treatment and impact the patient’s prognosis.
When a cancer misdiagnosis (or delayed diagnosis) enters the picture, it adds an additional layer of distress and uncertainty, making it difficult for patients to trust their medical provider.
At Midwest Injury Lawyers, we see the devastating impact of these situations every year. We’re here to help injury victims in Illinois, Indiana, and Wisconsin understand their rights and explore their legal options in these unfortunate situations.
Cancer misdiagnosis and delayed diagnosis are both serious issues, but they have distinct legal implications.
Understanding these differences is key to knowing whether you have a potential medical malpractice claim. Let’s break down what each means and how they can affect your legal options.
What is Cancer Misdiagnosis?
As the name implies, a cancer misdiagnosis happens when a doctor incorrectly identifies a patient’s condition. Instead of identifying cancer, the doctor might diagnose a different, often less serious, illness.
The most common cancers we see that get misdiagnosed include:
- Breast cancer
- Prostate cancer
- Cervical cancer
- Colorectal cancer
- Colon cancer
- Lung cancer
- Liver cancer
- Bladder cancer
- Pancreatic cancer
- Asbestos-related diseases and cancer
In many cases, this involves a doctor telling a cancer patient that a tumor is benign when it’s actually cancerous. This error can lead to wrong treatments, a delay in proper care, and the cancer progressing unchecked.
Patients might undergo unnecessary treatments or miss the chance to start life-saving therapies early on to address risk factors. Here in the Midwest, access to high-quality medical care is generally good – and a misdiagnosis can feel like a particularly bitter pill to swallow.
What is a Delayed Cancer Diagnosis?
A delayed diagnosis occurs when a doctor fails to diagnose cancer promptly. Timely diagnosis is the most important factor in applying the appropriate treatment.
The cancer is present, but the diagnosis is missed or postponed, often because symptoms are dismissed or tests aren’t ordered promptly. For example, a doctor may tell a patient that their persistent cough is attributed to allergies, only to discover later on it’s actually lung cancer.
Every moment cancer goes undiagnosed, it can grow and spread, making treatment harder, less effective, and more expensive. A delayed diagnosis can be the difference between successful treatment and a much graver prognosis.
Legal Differences: Misdiagnosis vs. Delayed Diagnosis
The legal approach to cancer misdiagnosis and delayed diagnosis differs in important ways. To build a successful medical malpractice case, you (and a cancer attorney) will need to prove negligence, meaning the doctor’s care fell below the accepted medical standard.
Cancer Misdiagnosis
The legal focus in a cancer misdiagnosis case typically deals with errors in the diagnosis, whether the doctor misinterpreted test results, missed obvious signs of cancer, or wrongly concluded that cancer was present.
In a false positive scenario, the lawsuit may center on unnecessary medical treatment or surgeries caused by the misdiagnosis. In a false negative scenario, the focus is on the failure to detect cancer, which leads to untreated cancer and its progression.
Delayed Cancer Diagnosis
In a delayed diagnosis case, the focus is on the time lost before the patient had the cancer diagnosed. The attorney must prove that the delay in diagnosis directly led to harm, such as the cancer spreading, the need for more aggressive treatment, or a reduction in the patient’s overall prognosis.
The lawsuit may revolve around the provider’s failure to diagnose cancer in a timely manner, either due to medical negligence in testing, referrals, or follow-up care.
Legal Steps Involved in Cancer Misdiagnosis Cases and Delayed Cancer Diagnosis Cases
An experienced cancer attorney will typically follow a systematic legal process to determine whether medical malpractice has occurred and how to pursue compensation for the harm caused.
Case Evaluation
An attorney will generally start by conducting an initial interview with the patient to gather all relevant details about their medical history, their risk factors to develop cancer, symptoms, and interactions with healthcare providers.
They may also request access to medical records, including lab results, imaging studies, and previous diagnoses, to understand why the cancer was not diagnosed early.
Consult with Medical Experts
Medical experts – which would typically be oncologists or specialists with specific cancers – will review the patient’s medical records.
They assess whether the standard of care was breached and if the misdiagnosis led to a delay in treatment. The expert will also help determine whether the delayed diagnosis worsened the patient’s condition or prognosis.
In many states, before a malpractice lawsuit can be filed, the attorney must obtain a certificate of merit or an affidavit of merit from a qualified medical expert to confirm the case has merit – and standard of care was breached.
File Medical Malpractice Case
If the medical malpractice claim is valid, the attorney can file a medical malpractice lawsuit. This involves determining the appropriate jurisdiction and filing the case within the required statute of limitations, which for Illinois and Indiana is two years, and for Wisconsin is three years.
These complaints will typically include allegations of misdiagnosis, expert opinions, and a detailed description of the damages sustained by the patient.
With a delayed diagnosis, the focus is on how the delay impacted the patient’s outcome. We must demonstrate that an earlier diagnosis would have led to a better prognosis or treatment options. This often requires expert testimony to show how the delay worsened the patient’s condition.
Discovery Phase
Following the filing of the lawsuit, the discovery phase begins. This process involves both sides exchange critical information, including medical records, depositions from treating physicians, and expert testimonies.
The discovery phase is also an opportunity to negotiate a settlement if both parties believe a resolution can be reached outside of court.
Settlement Negotiations
Most cancer misdiagnosis and delayed diagnosis cases reach a settlement before the case goes to trial.
Your cancer attorney will engage in discussions with the liable party to determine a fair compensation package that covers the victim’s medical expenses, lost income, pain and suffering, and reduced quality (or length) of life.
Trial (If Necessary)
If a rightful settlement cannot be reached in negotiations, the cancer lawsuit may be taken to trial, where both sides will present their evidence. Expert witnesses will testify to establish whether malpractice occurred, and the judge or jury will determine whether the healthcare provider is liable and the amount of damages the plaintiff is entitled to.
Building a Strong Case in Illinois, Indiana, and Wisconsin
Whether it’s a misdiagnosis or delayed diagnosis, building a strong medical malpractice case requires careful investigation. This includes:
Gathering Medical Records
We need to review all relevant medical records to understand the timeline of events and the decisions made by healthcare providers. This includes patient history, diagnostic tests, imaging results, and any follow-up appointments.
Thoroughly examining these records helps identify any gaps or mistakes in the medical care provided. Any missed opportunities for earlier diagnosis or treatment will also be highlighted through this documentation.
Consulting with Medical Experts
Law firms will work closely with health care experts who can provide crucial insights into the standard of care and whether the doctor’s actions fell below that standard. They also help assess whether the cancer should have been detected earlier based on the symptoms presented.
Expert opinions are critical in determining whether the medical professional’s failure to diagnose impacted the patient’s overall prognosis – and form the basis of legal claims in cancer cases. These experts often testify in court to explain complex medical issues in a manner that juries can easily understand.
Assessing Damages
The attorney will assess the full extent of damages, including medical expenses, lost wages, pain and suffering, and the impact on the patient’s quality of life.
This can also include long-term care costs if the delay in diagnosis has led to a worsened prognosis.
Additionally, the emotional and psychological toll on the patient and their family is factored into the damages. In situations where the medical provider was significantly negligent, patients and their families may pursue punitive damages.
If the misdiagnosis or delayed diagnosis resulted in a death, these damages would also include funeral expenses. Understanding the complete financial and personal impact on the patient ensures that they receive fair compensation for their loss.
What Are Your Options if You’ve Had a Cancer Misdiagnosis or a Delayed Cancer Diagnosis?
If you or a loved one has experienced a cancer misdiagnosis or delayed diagnosis, the first step is to discuss your situation with a personal injury attorney. The attorney you work with should have experience in cancer-related cases and wrongful death lawsuits.
At Midwest Injury Lawyers, we’ve helped many patients navigate medical malpractice claims in Illinois, Indiana, and Wisconsin. We work closely with medical experts and investigators to build the strongest possible case to earn a rightful outcome.
Contact us at Midwest Injury Lawyers today for a FREE consultation.
A cancer attorney will help you understand your rights and explain your legal options. We are committed to fighting for the justice and compensation you deserve.