The failure of a doctor or medical professional to make a timely diagnosis of cancer is often medical malpractice. A delayed cancer diagnosis or missed cancer diagnosis is actionable under the law if it results in harm to the patient. Although a doctor’s failure to diagnosis cancer may seem like an easy case, in reality, this type of medical malpractice lawsuit is usually very complex and difficult. For this reason, it is important to choose an experienced medical malpractice lawyer.
The Wieand Law Firm has the experience and know how to win tough medical malpractice cases. We solely represent plaintiffs who have been seriously injured due to another’s negligence or recklessness. Our track record of obtaining favorable verdicts and settlements for clients is well known. Founding attorney, Brent Wieand, has been selected a Pennsylvania Super Lawyers “Rising Stars” from 2013 – 2016. Contact him at 1(800) 418-5206 or fill out the online contact form for a completely free and confidential consultation.
The Harm Caused by a Delayed Diagnosis of Cancer
Some types of cancer have a high survival rate when detected early. Unfortunately, a delayed diagnosis of cancer or missed cancer diagnosis by a treating medical provider may rob a person of the chance to beat at treatable cancer. For example, breast cancer, which is the most common non-skin cancer among women, is very treatable when detected early. If a breast cancer patient is diagnosed when the cancer is still in localized form there is a significantly higher 5 year survival rate. Similarly, skin cancer, prostate cancer, colon cancer, testicular cancer and cervical cancer are very treatable and have high survival rates when diagnosed early.
Common Reasons for a Delayed Cancer Diagnosis
A late diagnosis of cancer may result from the carelessness or negligence of a doctor, dentist, nurse or other medical professional. Some of the most frequent reasons for untimely cancer diagnosis include:
- A physician’s failure to perform a necessary diagnostic test
- A medical professional’s misinterpretation of test results
- Failure to diagnose or recognize a tumor
- Failure to order a diagnostic test
- Lost, switched or undelivered lab results
- Diagnostic medical procedures that are performed incorrectly
- X-rays that are misread or misinterpreted
- Failure to refer a patient to correct specialist
In Pennsylvania and New Jersey, there is a two year statute of limitations of medical malpractice cases. In complex cases dealing with missed or delayed cancer diagnosis, a medical malpractice attorney will need time to review medical records and consult with an expert in oncology. Therefore, you should contact an experienced attorney immediately if you suspect that your treating physician or medical provider missed a cancer diagnosis or was untimely in his cancer diagnosis.
Winning a Delayed Cancer Diagnosis Lawsuit
To succeed in any Pennsylvania medical malpractice case, a plaintiff must prove that his/her medical provider breached the applicable standard of care and that the plaintiff in turn suffered a harm as a result of the malpractice. In cases for delayed or missed diagnosis of cancer, attorney Wieand will consult with top notch oncology experts to prove the elements of a malpractice case. In a delayed cancer diagnosis case he will “leave no stone unturned” when scouring through what can amount to mountains of medical records in order to find the evidence we need to prove your case.
Lawsuits for delayed cancer diagnosis are usually defended zealously by large defense firms who will spare no expense during litigation. Defense attorneys will likely retain a medical expert or “hired gun” that will testify the defendant doctor’s treatment did not breach the proper standard of care. Other common defenses include that even if the claimant’s cancer was timely diagnosed the end result would be the same, or his or her life would have only been extended for a short period of time.
Contact a Personal Injury Attorney for a Free Consultation
The Wieand Law Firm knows how to uncover evidence of negligence that your doctors want to hide. We are wise to the defense tactics of medical malpractice lawyers and knows how to combat them so your rights are protected.
For a free legal consultation, call us at 1-800-481-5206. Your call is confidential and you never owe costs or attorneys fees unless we accept your case and recover money for you.
The Wieand Law Firm practices throughout all of Pennsylvania and New Jersey. He is proud to serve clients in Southeastern Pennsylvania including Philadelphia, Chester, Delaware, and Montgomery counties, as well as the New Jersey areas of Pennsauken, Gloucester and Camden NJ.