It may be medical malpractice when a doctor fails to diagnose cancer in a timely manner. The failure to diagnose cancer, a delayed cancer diagnosis, missed cancer diagnosis, or misdiagnosis, may be grounds for a medical malpractice claim in Pennsylvania or New Jersey if it causes harm or death to the patient. With the help of cancer misdiagnosis lawyers in Philadelphia, we can help you get the full compensation you deserve.
Although a doctor’s failure to detect or identify cancer may seem like it would create a straightforward case for the plaintiff, in reality, these cases are very complex. A misdiagnosis lawsuit requires proof that doctor breached the standard of care and that the breach of the standard of care was the cause of the patient’s harm. To meet this burden, the wrong diagnosis lawyers at our firm work with highly qualified and specialized medical experts.
To discuss your cancer misdiagnosis in a free and confidential legal consultation with cancer misdiagnosis lawyers in Philadelphia, call the Wieand Law Firm at (215) 666-7777.
Some types of cancer have a high survival rate when detected early. However, a delayed or missed diagnosis may rob a person of the chance to beat an otherwise treatable form of cancer. In these cases, you may want to contact cancer misdiagnosis lawyers in Philadelphia to discuss filing a misdiagnosis lawsuit.
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 five-year survival rate. However, without swift and aggressive medical intervention, breast cancer or other cancers can rapidly metastasize, spreading to other sites throughout the body. Breast cancer is among the many types of cancer which are frequently misdiagnosed or go undetected by doctors altogether.
Wrong diagnosis lawyers represent patients who have suffered unnecessary illness and injury due to a missed or delayed cancer diagnosis.
Below are some other commonly misdiagnosed cancers, including some of the medical conditions they are often mistaken for.
- Bladder Cancer – Urinary Tract Infections (UTIs)
- Bone Cancer – Arthritis, bursitis
- Brain Cancer – Anxiety, depression, sinusitis
- Breast Cancer – Cysts, fibroadenoma, lipoma, mastitis
- Colorectal Cancer – Diverticulitis, hemorrhoids, Irritable Bowel Syndrome (IBS)
- Leukemia – Fibromyalgia, Idiopathic Thrombocytopenic Purpura (ITP), lupus, mono,
- Lung Cancer – Asthma, Chronic Obstructive Pulmonary Disease (COPD), pneumonia, tuberculosis (TB)
- Ovarian Cancer – Cysts, diverticulitis, endometriosis, IBS, Polycystic Ovary Syndrome (PCOS)
- Pancreatic Cancer – Diabetes, gallstones, IBS
- Skin Cancer – Eczema, normal moles/birthmarks, ringworm
- Stomach Cancer – IBS, ulcers
- Testicular Cancer – Cysts, epididymitis, hydrocele
- Uterine Cancer – Adenomyosis, fibroids
Other Often Undetected Conditions
Some cancers which frequently go undetected, or are confused with other conditions, include:
- Cervical Cancer
- Esophageal Cancer
- Eye Cancer
- Gallbladder Cancer
- Kaposi Sarcoma
- Liver Cancer
- Non-Hodgkin’s Lymphoma
- Oral Cancer (Mouth Cancer)
- Parathyroid Cancer
- Penile Cancer
- Prostate Cancer
- Small Intestine Cancer
- Thyroid Cancer
- Vulvar Cancer
Cancer misdiagnosis lawyers in Philadelphia have litigated cases in which misdiagnosis of the above conditions have resulted in severe harm or death of a patient.
When suing a doctor for malpractice, wrong diagnosis lawyers will seek to prove that the physician deviated from an established standard of care, and that failure resulted in the misdiagnosis.
A missed or late diagnosis of cancer may result from the carelessness or negligence of a doctor, dentist, nurse or other medical professionals. Some reasons cancer may be diagnosed late or incorrectly include:
- Failure to diagnose or recognize a malignant tumor
- Failure to interpret X-rays, CT scans, or other medical imaging correctly
- Failure to order a diagnostic test
- Failure to recognize signs and symptoms of cancer
- Failure to perform a necessary diagnostic test
- Failure to refer a patient to a specialist
- Lab results getting lost or mixed up with the wrong patient file
- Misinterpretation of test results
- Performing diagnostic tests incorrectly
These are just a few examples of breaches of the standard of care that may give rise to a misdiagnosis lawsuit or claim in Pennsylvania or New Jersey. Even if you are unsure whether suing a doctor is the right step, you are urged to contact the wrong diagnosis lawyers at the Wieand Law Firm for a free review of your medical treatment so you don’t lose your right to bring a claim.
Can I Sue a Doctor for Misdiagnosis?
Suing a doctor in a medical malpractice lawsuit is a way that victims can seek justice when they sustained serious injury from malpractice. In addition to physicians, other individuals or entities may be named in the lawsuit. For example, nurses, physician assistants, or technologists may be named in a misdiagnosis lawsuit. It also may be possible to sue a hospital or medical facility that employs the health care providers that committed malpractice. A Philadelphia personal injury attorney will investigate your claim identify the parties responsible for the medical negligence in your case.
How Long Do I Have to File a Misdiagnosis Lawsuit?
In both Pennsylvania and New Jersey, there is a two-year statute of limitations, or deadline, for suing a doctor in medical malpractice cases. However, your Philadelphia medical malpractice attorney will need time to review your medical records and consult with oncologists and other experts. Therefore, it is important to immediately contact experienced wrong diagnosis lawyers if you suspect that your treating physician or medical provider made an error that caused you to suffer harm, or led to the wrongful death of a spouse or family member.
In Pennsylvania and New Jersey, a medical malpractice lawsuit must be accompanied by a certificate of merit. This is an attestation by an industry expert, such as an oncologist, that states they have reviewed your case and believe that there is reasonable probability that your cancer misdiagnosis was the result of medical negligence or malpractice. Our Philadelphia cancer misdiagnosis lawyers work closely with experts in the medical field to investigate your claim and determine if you are eligible to file a misdiagnosis lawsuit.
Proving Negligence for Cancer Misdiagnosis
To succeed in a misdiagnosis lawsuit, the plaintiff must prove that his or her medical provider breached the applicable standard of care. The plaintiff will also have to prove that this breach caused the harm or death of the patient. Generally speaking, proving a misdiagnosis lawsuit or a wrongful death lawsuit requires plaintiffs to establish each of the following elements:
- Duty of Care– The doctor has a duty of care to his or her patient.
- Breach of Duty– The doctor violated his or her duty to prevent the patient from sustaining avoidable and foreseeable harm.
- Causation– The patient’s cancer developed or worsened because of the doctor’s actions or failures to act.
- Damages– The patient suffered harm as a result of the doctor’s actions or failures to act.
In a misdiagnosis lawsuit involving the delayed or missed diagnosis of cancer, wrong diagnosis lawyers at the Wieand Law Firm will consult with highly qualified oncology experts to prove the elements of a malpractice case. Our personal injury law firm will scour through mountains of medical records to identify the evidence needed to prove that your healthcare provider was negligent.
What Can I Expect During My Misdiagnosis Case?
If you decide to pursue a claim for your misdiagnosis, you can expect that our wrong diagnosis lawyers will work diligently to obtain full monetary recovery for your loses. Most times, we are able to settle your claim without you having to step into a courtroom.
If it becomes necessary to file a medical malpractice lawsuit, the discovery process will include exchange of evidence with the defense and depositions of witnesses. While some misdiagnosis cases can be resolved within a few months, other cases may extend for a year or more. The legal team at our firm is committed to keeping you updated during each step of the process.
Misdiagnosis 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 “hired gun” medical expert who will testify that the doctor’s treatment did not breach the proper standard of care.
It is also common for defense attorneys to argue that even if the claimant’s cancer was diagnosed earlier, the end result would be the same, or his or her life would have only been extended for a short period of time. The cancer misdiagnosis lawyers at the Wieand Law Firm are wise to the defense tactics of lawyers who represent doctors and hospitals and know how to combat them so that your rights as an injury victim are protected.
Financial compensation may be one of the last things on your mind after learning of a doctor’s failure to diagnose cancer. However, it is important that you have the financial resources you will need to get quality care, as well as to take care of your family if you no longer can. We will work hard to ensure you are not driven into medical debt by your doctor’s mistake. Suing a doctor through a misdiagnosis lawsuit or wrongful death lawsuit can help you seek the compensation you deserve and hold the doctor accountable for his or her actions.
In addition, you may be entitled to financial compensation for a variety of other losses and expenses, including “economic” damages (compensation for financial losses) and “non-economic” damages (compensation for non-financial losses). Examples of economic and non-economic damages available in a medical malpractice case in New Jersey or Pennsylvania may include, depending on the circumstances, the following:
- Diminished Future Earning Capacity
- Loss of Consortium
- Loss of Income
- Medical Bills
- Rehabilitation Expenses
- Long Term Care Costs
- Pain and Suffering
- Scarring and Disfigurement
Pennsylvania does not cap or limit the aforementioned damages. The only medical malpractice cap in Pennsylvania is a limit on punitive damages, which are sometimes awarded in cases where the defendant’s negligence was particularly extreme. The same holds true of misdiagnosis lawsuits in New Jersey.
Hiring the Right Medical Malpractice Lawyer in Philadelphia
An experienced wrong diagnosis lawyer can be a pivotal resource in helping you navigate the legal system and constructing the best possible case. The Wieand Law Firm can evaluate whether you have a viable claim. They will thoroughly investigate your case and gather essential resources, support your claim through testimony of top medical experts, and negotiate full compensation for your injuries.
Medical malpractice affects millions of patients every year. Negligent acts by health care professionals can result in injury or death for innocent patients. Many injured patients want to pursue legal action for their damages but are worried about paying exorbitant legal fees.
The clients of the Wieand Law Firm do not pay monthly legal fees for medical malpractice claims. Rather, our attorneys take medical malpractice cases on what is known as a contingency fee basis. This means that the client is not charged a fee unless the wrong diagnosis lawyer handles the case successfully. When the attorney wins money for the misdiagnosis lawsuit, they earn a percentage of the damages recovered in the case.
Philadelphia Delayed Cancer Diagnosis Attorney Handling Settlements and Lawsuits
Incompetent, apathetic and negligent doctors should be held accountable for the devastation that is caused by their actions. An aggressive wrong diagnosis lawyer can stand by your side to prove that your doctor made a serious diagnostic error allowing malignant tumors to develop, progress, and spread.
Our cancer misdiagnosis lawyers in Philadelphia represent patients and their loved ones throughout all of Pennsylvania and New Jersey. We are proud to serve clients in Atlantic County, Berks County, Bucks County, Camden County, Cape May County, Chester County, Cumberland County, Delaware County, Gloucester County, Lancaster County, Lehigh County, Montgomery County, Northampton County, Philadelphia County, Salem County, and other locations across both states.
Severe injury or death from a misdiagnosis deserves representation from qualified, experienced medical malpractice attorneys. Our attorneys are dedicated to representing victims who have been failed by medically negligent health care providers. We understand that a cancer misdiagnosis can change the landscape of both your life and the life of your loved ones. During this difficult time, we are here to help.
For a free legal consultation regarding your potential malpractice claim, call the Wieand Law Firm at (215) 666-7777 or send us a message on the website form on the website. Your call is confidential, and you never owe us any fees or costs unless we accept your case and recover compensation for you.
Disclaimer: This article is for informational purposes. It is not legal advice and should not be used as legal advice. The Wieand Law Firm, LLC is based in Philadelphia, PA, and proud to serve clients throughout Pennsylvania and New Jersey.
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