Cancer misdiagnoses are more common than many people believe. Studies show that major diagnostic errors are found in 10% to 20% of autopsies.
While early detection and treatment can significantly improve survival rates, a delayed or missed cancer diagnosis can cause the disease to spread, making treatment more invasive – and in some cases, rendering it ineffective.
If you or a loved one is dealing with the effects of cancer misdiagnosis, a medical malpractice lawsuit may be the next step. This process typically involves many moving parts – including doctors, nurses, and pathologists who treated you, or sometimes even the institutions that employ them.
Consulting with a skilled cancer attorney with experience in medical malpractice is the most important step to seeking justice. At Midwest Injury Lawyers, we are on your team from day one, evaluating the case’s specifics, gathering evidence to demonstrate negligence, and thoroughly managing the legal process.
Here’s how it works.
Understanding Cancer Misdiagnosis and Medical Malpractice
Your healthcare provider is legally obligated to investigate cancer symptoms thoroughly and follow the “reasonable standard of care.” When they fail to diagnose cancer promptly, it can constitute a medical malpractice claim.
A cancer misdiagnosis occurs because of a failure to accurately detect the presence or absence of cancer. This can either take the form of a false negative or a false positive.
A patient that has a false negative has cancer, but the doctor failed to diagnose it, resulting in a treatment delay and allowing the disease to further progress and become more life threatening. A false positive, on the other hand, misdiagnoses the patient with cancer, which can lead to significant medical expenses due to unnecessary treatment — not to mention severe emotional distress.
Medical errors, including cancer misdiagnosis, are a significant cause of death in the United States, with studies from Johns Hopkins highlighting their frequency and severe impact on patient safety.
Major diagnostic errors such as these are found in 10% to 20% of autopsies. This would suggest that between 40,000 to 80,000 patients die annually in the U.S. from a cancer misdiagnosis.
Additionally, these studies confirm that at least one in three people has firsthand experience with cancer misdiagnosis, which results in the largest malpractice claims, the most severe patient harm, and the highest penalty payouts.
What Is Cancer Misdiagnosis?
As the name implied, cancer misdiagnosis happens when a medical professional fails to accurately diagnose cancer, leading to delayed treatment, incorrect diagnosis, or unnecessary treatment.
This can happen when a doctor confuses a benign condition with a cancerous one, or when a patient’s symptoms are misinterpreted. Cancer misdiagnosis can have severe consequences, including delayed treatment and increased risk of premature death.
The Impact of Cancer Misdiagnosis
Cancer misdiagnosis can have a profound impact on a patient’s life, leading to physical, emotional, and financial burdens. A delayed diagnosis can allow the cancer to progress, making treatment more challenging and reducing the chances of survival. On the other hand, an incorrect diagnosis can lead to unnecessary cancer treatment, which can have long-term, serious side effects.
Consequences of Delayed Diagnosis
A delayed diagnosis can have severe consequences, including:
Reduced Chances of Survival
Early-stage cancer is often more treatable and has higher survival rates. Any delay in the diagnosis reduces the likelihood of a positive outcome. As the cancer advances, the treatment becomes more aggressive (and oftentimes, less effective), making the prognosis worse.
Timely detection is everything with cancer, offering the best chance for successful intervention and recovery.
Increased Risk of Metastasis
Cancer cells tend to spread to other parts of the body, making treatment more nuanced and complicated.
Once metastasis occurs, the cancer is generally considered “advanced” and requires more systemic treatments. This spread can impact vital organs, significantly lowering survival rates and the patient’s quality of life. Preventing metastasis is a critical goal, which is why early diagnosis and intervention are essential.
Reduced Treatment Options
A delayed diagnosis can limit the treatment options available.
Early detection often allows for less invasive treatments, such as surgery or localized radiation, that target cancer at the source. With advanced-stage cancer, treatment options may shift toward palliative care or more extensive procedures, which carry higher risks and side effects.
Increased Risk of Recurrence
A delayed diagnosis can increase the risk of cancer recurrence, which makes it more challenging to achieve long-term remission.
When cancer isn’t caught early, the initial treatments may not be as thorough – increasing the risk of having leftover cancer cells. Recurrence usually requires further, more aggressive treatments, impacting the patient’s health and longevity.
The Top Cancers Most Commonly Misdiagnosed
Misdiagnosis can happen with virtually every type of cancer. At Midwest Injury Lawyers, the most common ones we see that get misdiagnosed include:
- Breast Cancer
- Colorectal Cancer
- Lung Cancer
- Lymphoma
- Melanoma
- Mesothelioma
- Thyroid Cancer in Children
Misdiagnosed cancer patients oftentimes face severe, long-term health problems due to delayed or incorrect diagnoses, including the progression of the cancer cells.
Who Is Liable for Cancer Misdiagnosis?
More often than not, the responsibility for a cancer misdiagnosis lies with the physician or team of physicians overseeing your medical care.
This primary involves care doctors, oncologists, and other specialists who may overlook essential tests or fail to thoroughly assess symptoms, leading to a failure in achieving a correct diagnosis. However, liability can also extend to other parties, including:
- Laboratory Technicians
- Pathologists
- Radiology Technicians
- Healthcare Facilities
At Midwest Injury Lawyers, we understand that any healthcare provider involved in your care, even those you may not have interacted with directly, can share responsibility for a cancer misdiagnosis.
Our team works diligently to identify all liable parties and holding them accountable, helping you pursue the justice and compensation you deserve.
Proving a Doctor Misdiagnosed Cancer
To prove a doctor misdiagnosed cancer, you must establish that the doctor’s actions or inactions deviated from the standard of care expected of a medical professional. This can be done by:
Reviewing Medical Records
Medical records can provide critical evidence of a doctor’s actions or inactions, including test results, diagnoses, and treatment plans.
These records allow attorneys to trace the timeline of medical decisions and assess whether standard protocols were followed. Any gaps, omissions, or inconsistencies in the records can be crucial indicators of negligence or missed opportunities for earlier diagnosis. Exhaustive records also offer insight into whether proper follow-up actions were recommended or missed.
Consulting with Medical Experts
Medical experts may provide testimony on the standard of care expected of a medical professional – and whether the doctor’s actions or inactions deviated from that standard.
This level of expertise is invaluable in helping juries understand complex medical terms and the significance of certain procedures or treatments. Expert testimony can clearly illustrate what should have been done versus what actually occurred, making a strong case for negligence if the doctor’s actions fell below acceptable standards.
Analyzing Diagnostic Errors
Diagnostic errors commonly occur when a doctor fails to order necessary tests, misinterprets test results, or fails to consider alternative diagnoses.
These types of errors can have severe consequences, leading to delayed or incorrect treatment that may worsen the patient’s condition. A thorough analysis of diagnostic errors can reveal whether a more accurate or timely diagnosis was possible based on the symptoms presented. Identifying these types of errors strengthens your case by showing how these lapses deviated from the standard care a patient should expect.
Steps to File a Lawsuit for Cancer Misdiagnosis in Illinois
Have you – or a loved one – been a victim of cancer misdiagnosis?
These claims involve several legal steps, including gathering medical records, consulting with experts, and filing the necessary paperwork. Here’s how to proceed with your lawsuit:
- Consult with a Qualified Attorney
To pursue a cancer misdiagnosis lawsuit, the first step is to meet with a knowledgeable medical malpractice attorney. At Midwest Injury Lawyers, we offer FREE consultations to meet with victims and families of cancer misdiagnosis. We’ll understand your situation on a personal level, discuss the next steps, and decide the best strategy to pursue justice.
- Gather Medical Records and Documentation
The next step is start to collecting evidence. Keep in mind, collecting evidence is a long process – as it forms the foundation of your case. Your attorney will work closely with you to gather and organize all relevant medical records involved in your cancer treatment. This could include:
- Diagnosis Records – any documentation that directly relates to your initial diagnosis and evaluations.
- Treatment Records – the treatments you underwent, usually involving surgeries or chemotherapy during this time.
- Test Results – typically involving a collection of imaging studies, lab results, and pathology reports.
When presenting evidence to the court, this documentation establishes your case and works to prove the negligence of your medical provider.
- Establishing Medical Negligence
To succeed in any cancer misdiagnosis lawsuit, you need to demonstrate that the healthcare provider acted negligently by establishing that the doctor had a duty of care to provide a timely and accurate diagnosis – of which they failed to meet.
The alleged negligence must be supported by evidence such as medical records, eyewitness testimony, and expert opinions, showing that this failure directly caused harm.
The attorney you hire will work with medical experts to assess whether the healthcare provider’s actions were negligent, maximizing your chances of recovering damages for medical expenses, lost wages, and pain and suffering.
- Determine Damages
If your case is successful, you may be entitled to various types of damages, including:
- Medical Expenses
- Pain and Suffering
- Lost Wages
- Loss of Quality of Life
These can be extremely far-reaching – more so than many victims believe. When you work with an attorney, they will help you add up every single damage and hardship you faced from the cancer misdiagnosis, making sure you earn compensation for everything.
- Filing Your Claim
If you or someone you love has been a victim of cancer misdiagnosis, acting quickly is crucial to earning a fair settlement. Failing to do so can make it difficult to negotiate for fair compensation – and create a new set of challenges.
The statute of limitations in Illinois for is generally two years (but no more than 4) from the date the misdiagnosis was discovered.
Now, even though the standard time limit is two years, there are circumstances where it can be extended. For example, if a patient discovers the misdiagnosis years after the fact, the “discovery rule” may allow the statute of limitations to start from the date the patient becomes aware of the malpractice. This is often the case when symptoms worsen, and a new doctor identifies a misdiagnosis or error that went undetected.
- Pretrial Procedures
Once you file your lawsuit, the pretrial phase will begin. At this point, you can expect the following process:
Discovery
In the discovery phase, all parties involved with exchange evidence and information related to the cancer misdiagnosis case. This usually includes medical records, test results, and expert opinions.
Discovery gives both sides the opportunity to assess the strength of the other party’s case, often setting the stage for settlement discussions.
Depositions
Following discovery, witnesses (like medical professionals) may be questioned under oath. Depositions allow attorneys to gather detailed testimony from all parties involved, often including the accused healthcare provider.
These statements are recorded and can be used to challenge inconsistent testimony if the case proceeds to trial.
Motions
Either party may file motions to dismiss or resolve specific issues before it goes to trial.
Motions can streamline the case by resolving certain legal questions in advance, such as the admissibility of specific evidence. Some motions work to dismiss the case entirely if the defense believes there is insufficient evidence to proceed.
- Trial and Resolution
If your case does not settle during the pretrial phase, it will proceed to trial. This is usually a occurrence.
In cancer misdiagnosis lawsuits, your attorney will present evidence, call witnesses, and advocate for your rights in front of a judge or jury. Depending on the outcome, you may or may not receive compensation for your damages.
What’s the Next Step
Cancer misdiagnosis claims are extremely serious matters that may lead to life-changing consequences.
If you or a loved one has suffered because of such a misdiagnosis, now is the time for action —and you’re not alone. At Midwest Injury Lawyers, our cancer misdiagnosis attorneys have earned a stellar reputation in Illinois, Indiana, and Wisconsin for earning the maximum settlements and providing compassionate legal support.
Our firm operates on a contingency fee agreement, meaning we charge you nothing out of pocket to take your case. Set up a free consultation with a medical malpractice lawyer today and take the first step towards justice!