Can I Sue My Doctor for Misdiagnosis of Cancer?

Receiving a cancer diagnosis is a life-altering event, often followed by a series of aggressive treatments and emotional turmoil. But what happens if you later discover that the diagnosis was delayed or wrong? The pain and suffering, unnecessary treatment, and lost time caused by cancer misdiagnosis can be devastating and even life-threatening.

If you or a loved one has faced such a situation, you may be wondering, "Can I sue my doctor for the cancer misdiagnosis?" The answer is yes; you may have grounds for a cancer misdiagnosis lawsuit. Misdiagnosis is a form of medical malpractice, and victims have the right to seek compensation for the harm they've endured.

Unfortunately, misdiagnosis causes between 40,000 and 80,000 hospital deaths per year, and up to 160,000 people face serious harm. While you sought treatment, you faced mental anguish, physical pain, and reduced ability to enjoy activities and work.

You or your loved one can never get those years back, but perhaps you can secure financial compensation from a medical malpractice claim. Medical malpractice lawsuits involving cancer misdiagnosis are complex, but with the help of experienced cancer misdiagnosis attorneys, you can navigate the legal system.

Here is how that process might look if you decide to pursue it.

What Is Cancer Misdiagnosis?

Studies estimate that diagnostic errors occur in 10-20% of medical cases, and cancer is among the most commonly misdiagnosed diseases. This problem occurs when a medical professional fails to accurately diagnose cancer, leading to delayed treatment, incorrect diagnosis, or unnecessary treatment.

This can happen in various ways:

• False Negative: A patient has cancer, but the doctor fails to diagnose it, allowing the cancer to progress and potentially become metastatic cancer. If the cancer is not diagnosed until it is a late stage (i.e. stage III or stage IV), this may cause irreversible damage to the client and in some cases can be fatal.
• Misdiagnosis of Cancer Type: The doctor diagnoses the wrong type of cancer, resulting in ineffective or inappropriate cancer treatment.
• Failure to Diagnose an Underlying Condition: A doctor misses an underlying condition that contributes to the development or progression of cancer.

Among the most frequently misdiagnosed cancers are breast cancer, colon cancer, lymphoma, and lung cancer, which are often challenging to diagnose accurately due to various factors.

Cancer misdiagnosis happens under these exact scenarios. Doctors may confuse a benign condition with a cancerous one and prescribe unnecessary treatment. Or they may assume a tumor is benign when it is cancerous, causing cancer to metastasize and force aggressive treatment. There are also instances where doctors misread radiology or lab results and never detect cancer.

So, you linger for years until you start feeling awful, only then to find you are in late-stage cancer.

Consequences of Cancer Misdiagnosis

The impact of cancer misdiagnosis can be far-reaching, affecting patients physically, emotionally, and financially:

• Delayed Treatment: A delayed diagnosis of cancer allows the disease to progress, potentially reducing the chances of successful treatment and survival.
• Unnecessary Treatment: Patients misdiagnosed with cancer may undergo unnecessary surgeries, chemotherapy, radiation therapy, and other treatments.
• Worsening Medical Condition: Misdiagnosis can lead to the worsening of the actual medical condition, as the correct treatment is delayed or not provided.
• Psychological Trauma: The emotional toll of a misdiagnosis can be immense, leading to anxiety, depression, and post-traumatic stress disorder (PTSD).

According to a study published in the Journal of Clinical Oncology, up to 28% of cancer cases are misdiagnosed. This can lead to unnecessary treatments, delayed diagnosis of the correct condition, and significant physical and emotional pain. In some cases, cancer misdiagnosis can even be fatal.

Unfortunately, once you learn of the mistake, you likely need additional treatment and may also start considering a cancer misdiagnosis lawsuit.

5 Common Types of Misdiagnosed Cancers

The five most misdiagnosed cancers include:

#1. Breast Cancer

A study published in the Journal of the American Medical Association found that up to 31% of breast cancer cases are misdiagnosed.

Misinterpretation of mammograms or biopsies can lead to missed diagnoses or false positive breast cancer results. Medical professionals may miss results on mammograms or botched biopsies. Sometimes, breast cysts and other benign conditions are mistaken for cancer, and patients face years of aggressive but unnecessary therapy.

The Jacob Fuchsberg Law Firm obtained $950,000 on behalf of a 70-year-old woman diagnosed with Stage IV breast cancer, which metastasized to her bones, even though signs of her breast cancer were present in a mammogram taken a year earlier.

#2. Colon Cancer

Errors during colonoscopies can result in missed polyps, potentially leading to colorectal cancer not being detected and removed. If a doctor finds polyps on an examination, they can biopsy or remove them immediately, which keeps precancerous tumors from becoming dangerous.

#3. Lung Cancer

Many patients do not learn they have lung cancer until it is too late. Symptoms similar to other respiratory conditions, like COPD or asthma, can lead to delayed diagnosis and a worsened prognosis. But lung cancer becomes deadly quickly: at stage 0, the survival rate is 73 to 90 percent. That drops to less than 10 percent when you reach stage IV. It shows that early detection is critical.

#4. Lymphoma

The symptoms of lymphoma, mainly weight loss, fatigue, and night sweats, are common in less dangerous health conditions. However, it is distinguished by enlarged lymph nodes which can still develop with cold and flu cases. As a result, many doctors assume lymphoma is an infection and prescribe antibiotics, which do not affect cancer.

The Jacob Fuchsberg Law Firm obtained $7.5 million on behalf of a 14-year-old boy who was suffering from Burkett’s Lymphoma. Despite the fact that he repeatedly complained of severe back pain, he did not receive an MRI to determine whether a lesion or tumor was causing pressure to his spinal cord.

#5. Skin Cancers

Besides resembling other chronic conditions, like eczema, skin cancers often miss scrutiny in the lab. Pathologists may mishandle slides and obscure results. This risk increases if the lab employs workers with no experience handling cancer samples.

While they did not meet the top five, pancreatic and prostate cancer are also vulnerable to misdiagnosis. Diagnosing these conditions is complex, and sometimes the failure to diagnose cancer makes these conditions turn deadly quickly.

The Jacob Fuchsberg Law Firm obtained $750,000 on behalf of a client whose lesion was undiagnosed by his dermatologist despite having a full body scan every year. The lesion turned out to be a melanoma.

Diagnostic errors are so common that second opinions are often necessary. Even if you think your doctor is thorough and competent, it never hurts to consult with another medical professional just to be sure they assess all of your symptoms. Doing this is especially necessary if previous treatments do not work or your condition is especially chronic.

Common Causes of Cancer Misdiagnosis

Several factors can contribute to cancer misdiagnosis, often stemming from errors due to medical negligence:

• Failure to Order Appropriate Tests: A doctor may neglect to order necessary tests, such as imaging scans, biopsies, or blood tests.
• Misinterpretation of Test Results: Doctors may misinterpret test results due to lack of experience, inadequate knowledge, or human error.
• Failure to Refer to a Specialist: Doctors may fail to refer patients to specialists for further evaluation and diagnosis, delaying appropriate treatment.
• Communication Errors: Miscommunication between healthcare providers or between the doctor and patient can contribute to misdiagnosis and treatment errors.
• Dismissal of the Patient's Symptoms: Dismissing, ignoring, or downplaying a patient's symptoms can lead to a missed or delayed diagnosis.
• Inadequate Medical History Review: Failing to thoroughly review a patient's medical history can result in missed clues and an incorrect diagnosis.

Cancers like lymphoma and lung cancer can present with symptoms that mimic less serious illnesses, leading to misdiagnosis, and some cancers, like pancreatic cancer, are notoriously difficult to diagnose due to their location and subtle symptoms. Unfortunately, rare cancers are more likely to be misdiagnosed because doctors may have limited experience with them.

You will likely detect misdiagnoses for a simple reason — you do not feel better. That often leads to second opinions and consulting with experts, who later reveal what is going wrong. Once you make that discovery, you must change your treatment plan and do what you can to recover.

However, it is your doctor’s responsibility to thoroughly investigate all of your symptoms symptoms, especially chronic symptoms, to rule out any underlying causes including cancer.

Meanwhile, it may be time to consider the legal angle of your case.

Filing a Cancer Misdiagnosis Lawsuit: 5 Steps Toward Justice

If you believe that you or a loved one has suffered due to a misdiagnosis caused by medical negligence, taking action to protect your rights and seek damages is crucial. While the legal process can seem daunting, a lawyer can empower you to move forward with confidence. Here's what you need to know about filing a cancer misdiagnosis lawsuit:

1. Seek Legal Counsel

The first and most important step is to consult with an experienced medical malpractice lawyer specializing in cancer misdiagnosis cases. They will assess the merits of your case, explain your legal options, and guide you through the entire process.

2. Gather Evidence of Negligence

Building a strong case requires comprehensive evidence demonstrating the doctor's negligence. This may include:

• Medical Records: A thorough review of your medical records will establish a timeline of events, document your symptoms, and reveal the doctor's actions and decisions.
• Imaging Studies and Test Results: These documents can provide evidence of the presence or absence of cancer and whether the doctor correctly interpreted the results.
• Expert Testimony: Medical experts will be consulted on the standard of care and whether the doctor's actions deviated from that standard, constituting negligence.

Statements from you, your family members, and other healthcare providers can also offer additional context and support your claims.

3. Understand the Statute of Limitations

Generally, you have two years and six months from the date of the misdiagnosis or the last date of treatment, whichever comes first, to file a lawsuit. However, exceptions may apply, so consulting with an attorney as soon as possible is essential.

4. File the Lawsuit

Once you have gathered sufficient evidence and established the foundation for your case, your attorney will file the lawsuit in the appropriate court. This initiates the legal process and sets the stage for seeking compensation for your damages.

5. Negotiation and Settlement

Many medical malpractice cases are settled out of court through negotiation between your attorney and the defendant's insurance company. Your attorney will fight to secure a fair settlement that adequately compensates you for your losses.

If a fair settlement cannot be reached, your case may proceed to trial. Your attorney will present your case before a judge and jury, advocating for your rights and seeking a favorable verdict.

While the journey toward justice may be challenging, taking these steps can help you hold negligent medical providers accountable and obtain the compensation you deserve for the harm you've suffered due to a cancer misdiagnosis.

Compensation for Cancer Misdiagnosis Cases

A cancer misdiagnosis can have a profound impact on your life, leading to physical, emotional, and financial burdens. While it’s complicated to determine the average cancer misdiagnosis settlement, filing a medical malpractice lawsuit allows you to seek the highest compensation for these damages, providing the necessary support and helping you rebuild your life.

Economic Damages

These damages aim to compensate you for the quantifiable financial losses you have incurred due to the misdiagnosis, including:

• Medical Expenses: This encompasses all costs associated with the misdiagnosis, such as treatments, corrective surgeries, medications, rehabilitation, and ongoing care.
• Lost Wages: Compensation for the income you have lost due to your inability to work during treatment and recovery.
• Loss of Earning Capacity: If the misdiagnosis resulted in a permanent disability that affects your ability to work, you may be entitled to compensation for lost future earnings.

Your legal team will use financial documents like invoices, receipts, and estimates to determine how much money you could be entitled to receive.

Non-Economic Damages

These damages address the intangible losses that are more difficult to quantify but are no less significant, such as:

• Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you have endured due to the misdiagnosis and unnecessary treatments.
• Loss of Enjoyment of Life: This accounts for the diminished quality of life you may experience due to limitations caused by the misdiagnosis.
• Loss of Consortium: In some cases, spouses or partners may be able to recover damages for the loss of companionship and intimacy resulting from the misdiagnosis.
• Wrongful Death: If a loved one tragically passed away due to a misdiagnosed cancer, surviving family members may be able to file a wrongful death lawsuit.

Non-economic damages are typically calculated by multiplying the economic damages the victim receives by a pre-set number.

Factors Affecting Settlement Values

While each case is unique, settlements for cancer misdiagnosis lawsuits in New York can range from hundreds of thousands to millions of dollars, depending on the specific circumstances.

Factors influencing the settlement amount include:

• Severity of the Injury: The extent and long-term impact of the misdiagnosis on your health and well-being play a significant role.
• Medical Expenses Incurred: The amount of past and future medical expenses directly related to the misdiagnosis is an important factor.
• Lost Income and Earning Capacity: The amount of income lost and the impact on your future earning potential are considered.
• Pain and Suffering: The severity and duration of your physical and emotional distress are taken into account.
• Impact on Quality of Life: The extent to which the misdiagnosis has affected your daily life, relationships, and overall well-being is considered.
• Availability of Insurance Coverage: The amount of insurance coverage available from the negligent medical provider can influence the potential settlement amount.

Seeking compensation after a cancer misdiagnosis is about more than just financial recovery — it's about holding negligent medical providers accountable and achieving justice.

With the guidance and support of a skilled medical malpractice attorney, you can navigate the legal process, build a strong case, and fight for the compensation you deserve to rebuild your life and move forward.

How Jacob D. Fuchsberg Law Firm Can Help in Cancer Misdiagnosis Claims

At Jacob D. Fuchsberg Law Firm, we understand the devastating impact of cancer misdiagnosis on individuals and families. We’ll assist you with every step of the legal process so that you feel empowered and prepared to pursue the monetary recovery you deserve.

Successful Cancer Misdiagnosis Cases

Our team of dedicated lawyers has extensive experience handling these complex cases and a proven track record of success in securing compensation for our clients.

Failure to Diagnose Gynecologic Cancer Leads to $2 Million Settlement

A woman presented with persistent gynecological symptoms but was repeatedly misdiagnosed and dismissed by her doctor. This delay in diagnosis allowed her cancer to progress to a more advanced stage, requiring extensive treatment and significantly impacting her quality of life.

Our attorneys conducted a thorough investigation, uncovering evidence that the doctor failed to order appropriate tests and properly evaluate the patient's symptoms, leading to a missed diagnosis. We collaborated with medical experts to demonstrate the deviation from the standard of care and the direct impact on the client's health.

Through skillful negotiation and advocacy, we secured a $2 million settlement for our client, providing compensation for her pain and suffering, medical expenses, and the long-term consequences of the delayed diagnosis.

$1.25 Million Settlement Secured for Failure to Diagnose Prostate Cancer

A man experienced symptoms suggestive of prostate cancer, but his doctor failed to order appropriate tests or refer him to a specialist for further evaluation. This resulted in a delayed diagnosis, allowing the cancer to progress and reducing the chances of successful treatment.

Our legal team meticulously reviewed medical records and consulted with leading oncologists to establish the standard of care for prostate cancer diagnosis and demonstrate how the doctor's negligence led to a delayed diagnosis and worsened prognosis.

We successfully negotiated a $1.25 million settlement for our client, providing compensation for his medical expenses, lost wages, and the physical and emotional toll of the delayed diagnosis.

Jacob Fuchsberg Law Firm Holds Prison Accountable for Delayed Stage 4 Cancer Diagnosis

An inmate experienced concerning symptoms but was repeatedly denied proper medical care and evaluation, leading to a delayed diagnosis of stage 4 cancer. The delayed diagnosis significantly worsened his prognosis and caused unnecessary pain and suffering.

Our attorneys investigated the prison's policies and practices regarding inmate healthcare, uncovering evidence of negligence and deliberate indifference to our client's medical needs. We fought to hold the prison accountable for its failure to provide adequate care and the resulting harm to our client.

We secured a substantial settlement for our client, providing him with compensation for his pain and suffering, medical expenses, and the devastating consequences of the delayed diagnosis.

These are just a few examples of our commitment to fighting for the rights of misdiagnosed cancer patients and their families.

We provide compassionate representation, guiding our clients through every step of the legal process and working tirelessly to achieve the best possible outcome in their cases.