Cancer affects millions of people every year. Many of these people and many others experience cancer misdiagnosis, which occurs far too often. Sadly, the number of cancer cases each year is expected to rise, leading to an estimated 29.5 million cases each year worldwide in 2040.
Some of those cases will have late diagnoses. In these cases and other cases of cancer misdiagnosis, the patient might suffer terribly or may not survive. If you or a loved one is a victim of a cancer misdiagnosis, you may be able to pursue compensation.
What Is Cancer Misdiagnosis?
Cancer misdiagnosis occurs when a patient is incorrectly diagnosed with cancer or they do not receive a timely diagnosis from their doctor. Both types of misdiagnosis can harm patients terribly.
The National Law Review states that the most common types of cancer that are misdiagnosed are:
- Breast cancer
Cancer Misdiagnosis Statistics
The National Coalition on Health Care found that 60% of the doctors surveyed believed misdiagnosis occurs in zero to 10 percent of all cases. However, a study by BMJ Quality and Safety showed that 28% of cases involve misdiagnosis, leading to approximately 40,000 patient deaths.
Can Cancer Misdiagnosis Be Prevented?
Cancer misdiagnosis is one of the most concerning forms of medical malpractice. Time consumption is one cause of misdiagnosis, but doctors must take the time and precautions to accurately diagnose cancer and other conditions.
Some of the things doctors and their employers can do to stop misdiagnosis include:
- Advanced condition training
- Clear communication
- Adequate testing
Is Cancer Misdiagnosis Negligence?
It may seem like a misdiagnosis is an honest mistake, but a medical professional must act in a way that doesn’t harm their patient. When a doctor misdiagnoses cancer, this harms the patient. So, it’s a failure in the doctor’s responsibility. This failure could be considered negligence.
However, a person’s actions are considered negligent only when certain criteria are met. In your case, you or a lawyer must establish that:
- The medical professional violated their responsibility (such as by diagnosing you without providing appropriate testing first).
- This violation of responsibility caused you harm (such as unnecessary treatment for cancer).
- Your harm led to damages (such as physical pain and suffering).
What Damages Can You Collect After a Cancer Misdiagnosis?
As a victim of a cancer misdiagnosis, you may be able to collect damages. One of the cancer misdiagnosis attorneys from our firm can determine which damages you can claim and then valuate those damages for you.
If you lost a loved one due to a cancer misdiagnosis, your lawyer could go over wrongful death damages with you and help you attribute monetary values to these damages. Depending on your case, you may be able to claim:
- Medical expenses: For a false diagnosis, you could claim the costs of medical treatments you didn’t need. For a delayed diagnosis, you could claim the costs of the treatments you needed but didn’t receive right away and the treatments you require due to your condition worsening.
- Lost wages: If you lost any income due to your incident, you could claim it. You can also claim income you may lose in the future due to the incident.
- Pain and suffering: As a result of your misdiagnosis, you may be suffering significant pain or discomfort, which you can also claim.
- Mental anguish: You could claim this if you’re suffering from anxiety, depression, or another mental affliction as a result of your incident.
- Wrongful death damages: If you lost a loved one due to a misdiagnosis, you can claim these damages which may include your loved one’s medical bills, your loss of companionship, and your children’s loss of parental support.
Should I Hire a Lawyer for My Cancer Misdiagnosis Case?
There are lots of reasons to hire one of our lawyers for your cancer misdiagnosis case. For one, you won’t have to worry about any legal matters, since your lawyer will take over your case for you. You may not have to worry about financial matters either since your lawyer will pursue compensation for you. Additionally, you won’t have to pay your lawyer anything unless they do recover compensation.
Furthermore, your lawyer will:
- Investigate your incident for you
- Collect evidence to support your case
- Corroborate your evidence with the statements of medical experts
- Communicate and negotiate on your behalf with the other party’s insurer
- Take your case to court, if necessary
With over 137 years of combined legal experience, including much medical malpractice experience, our lawyers are very capable of serving you. We also do not charge until we win for you. You agree on the portion of your award we take as payment. Then, we fight for you and pursue fair damages.
Contact a Cancer Misdiagnosis Attorney in Baltimore
At Brown & Barron, we know there’s no excuse for misdiagnosing cancer. When doctors fail to diagnose the condition, people with cancer don’t receive the chemotherapy, radiation, or other necessary procedures they need, and when doctors falsely diagnose cancer, people who don’t have cancer suffer in other ways.
One of our Baltimore medical malpractice lawyers will stand by you in your case. We’ll build your case with you and determine if a doctor was negligent. Let us give you the voice you need to pursue justice. Contact our firm today for your free consultation and case review.