Table of Contents
Did you know that approximately 10-20% of all cancer cases are misdiagnosed?
Misdiagnosis of cancer – or failure to diagnose – is a valid justification for a medical malpractice claim. If you or a loved one were the unfortunate victim of a cancer misdiagnosis due to the negligence of a medical professional, it may be in your right to sue for damages.
At The Dixon Firm, P.C., an Atlanta cancer misdiagnosis lawyer will provide strong legal representation and fight to obtain just compensation on your behalf. Our team will elevate your unique case and plan the best course of action.
How Is Cancer Diagnosed?
The only conclusive way to diagnose whether or not someone has cancer is through a series of lab tests. Typically, multiple lab tests are ordered to conclusively diagnose cancer. Blood tests, imaging scans, and biopsies are all utilized, and more often than not, the first result will need further confirmation with follow-up testing, either immediately or later down the road.
Tests have multiple results that need to be assessed thoroughly. In other words, abnormal test results do not necessarily equate to cancer being present in the body, and vice versa. It is the doctor’s job to make sense of your results and provide an accurate diagnosis.
What Can Cause Cancer to Be Misdiagnosed?
Despite rigorous testing, it is still possible for cancer to be misdiagnosed as something else. There are several reasons why this can happen:
-
Failure to Recognize Symptoms Early Enough
Many cancer symptoms mimic symptoms of other lesser conditions. Because of this, it is possible for doctors to either downplay patient symptoms or assume nothing is seriously wrong.
-
Misinterpretation of Lab Results and Imaging Scans
Lab tests do not always give definitive answers. It is up to the doctor or other medical professionals to make sense of the results to determine whether cancer is present in the body, and human error in reading lab results and scans can lead to misdiagnosis.
-
Communication Breakdowns Between Medical Providers
Testing for cancer often involves multiple specialists and medical technicians who work alongside your doctor. This can lead to a breakdown in communication between all parties involved and result in misdiagnosis or a failure to diagnose.
-
Lack of Proper Follow-Up and Monitoring
When testing for cancer, there must be follow-up tests and active monitoring to ensure that nothing gets overlooked. One test is not often enough to definitively determine your cancer diagnosis, and failing to follow up on testing can lead to a misdiagnosis.
While most doctors and medical professionals are thorough, sometimes things fall through the cracks. However, that does not mean this is acceptable. A doctor must do all they can to ensure they do not misdiagnose you.
What Are the Impacts of a Cancer Misdiagnosis?
The most direct impact of cancer misdiagnosis is a significant increase in the risk of death and increased difficulty treating cancer. Cancer is always easier to treat and manage when detected as soon as possible. A misdiagnosis delays the necessary steps that are needed to ensure that the patient has the maximum chance of successfully recovering with the lowest risk of death.
Cancer survival rates decrease dramatically as time passes. Thus, misdiagnosis often has serious consequences for the patient. The need for more aggressive and potentially dangerous forms of treatment is often also necessary after a misdiagnosis. Additionally, cancer misdiagnosis can cause emotional damages, pain and suffering, and other economic damages such as hospital bills, lost wages, etc.
False Positives vs. Delayed Diagnoses – What’s More Common?
When it comes to false positives and delayed diagnoses, delayed diagnoses are far more common. While false positives do happen, it is more likely that a doctor or specialist simply fails to recognize the signs of cancer as opposed to incorrectly diagnosing cancer. Most healthcare professionals aim to minimize the risk of missing cancer as opposed to falsely diagnosing someone with it.
Cancer Misdiagnoses Are All Too Common
A cancer misdiagnosis can have a significant emotional, physical, and financial impact on patients. Unfortunately, misdiagnoses are fairly common. With a cancer diagnosis, the outlook is often unfavorable, instilling fear and anxiety in patients and their families.
Some patients may be diagnosed with cancer and later find out that they are indeed cancer-free; however, this type of cancer misdiagnosis is not typical. The most common type of misdiagnosis occurs when there is a delay in diagnosing cancer. If you have cause to ask if your cancer should have been diagnosed earlier, it could be considered medical malpractice.
Many types of cancers can be found early on with proper healthcare and a vigilant provider. Some types of cancers, such as prostate cancer, cervical cancer, colorectal cancer, and breast cancer, can be found through routine screening tests before the patient even begins to experience signs or symptoms of the disease.
However, even with screenings, cancer can be misdiagnosed. Screenings that are not properly performed can be read inaccurately, leading to a late diagnosis of cancer. This scenario may be grounds for a medical malpractice lawsuit, especially if there is a trail of negligence on the doctor’s or hospital’s part.
An Atlanta Cancer Misdiagnosis Lawyer Can Help You
With so many incredible advances in medicine, the ability to detect nearly any type of cancer in its early stages has been greatly improved. Cancer patients are often able to get the medical intervention they need to restore their health and well-being.
When reasonable standards of care are ignored or overlooked, patients can suffer from the trauma associated with a serious illness. Something as simple as a misread mammogram or failure to communicate results can result in a delayed cancer diagnosis and may ultimately end in a life lost. At The Dixon Firm, P.C., we handle all types of cancer misdiagnosis claims, including:
- Breast cancer
- Cervical cancer
- Ovarian cancer
- Skin cancer or melanoma
- Leukemia
- Prostate cancer
- Bowel cancer
- Lung cancer
- Kidney cancer
In the early stages of cancer, some symptoms could point to other less severe illnesses. Fever, weakness, dizziness, unexplained fatigue, and general aches and pains are often written off as seasonal colds or flu. While not all symptoms immediately point to cancer, a well-trained clinician should have the ability to note signs that could potentially signal cancer, and a clinician should work to eliminate any serious illness as a cause before diagnosing the patient with a different condition.
How Do You Know if It Was Malpractice?
It is not always easy to determine when a cancer misdiagnosis is considered medical malpractice. When weighing your options, ask yourself the following questions:
- Did the doctor do everything they reasonably could?
- Were there mistakes made or miscommunications that resulted in delayed test results?
Medical negligence may be claimed in certain situations, such as when symptoms are ignored in the early stages of cancer or when a healthcare provider fails to order blood tests, CT scans, X-rays, or other tests required for diagnostic purposes. Incorrectly assessed test results can also lead to a delayed diagnosis and the possible spread of cancer.
Who Is Responsible for a Misdiagnosis?
Cancer misdiagnosis may fall on a hospital, doctor, radiologist, pathologist, or other responsible parties. Whether your primary care provider failed to take your concerns seriously or a laboratory technician misread your test results, you are wise to hire a lawyer to investigate.
Due to a cancer misdiagnosis, you may be facing weeks, months, or even years of treatments to try and reverse the effects of the cancer on the body. Many times, the damage caused by cancer is irreversible. At The Dixon Firm, P.C., an experienced Atlanta cancer misdiagnosis lawyer will consult with the appropriate medical experts to determine if the doctor could have taken reasonable steps to prevent missing the diagnosis of cancer.
Compensation You May Be Entitled to After a Cancer Misdiagnosis
When you file a claim for your cancer misdiagnosis, there are several damages you can recover financial compensation for.
Medical Expenses and Future Treatment Costs
There are several medical expenses involved in cancer treatment, such as:
- Hospital visits and stays
- Medical equipment
- Prescriptions
- Surgery
- Chemotherapy
- Lab tests
Not only can you recover financial compensation for existing and previous medical expenses, but you can protect yourself in the future as well. Any future treatment costs could be covered by your settlement, which is why you need a lawyer to help you fight for the maximum amount possible.
Lost Wages and Reduced Earning Capacity
Cancer is a debilitating disease that can prevent you from working. Losing out on wages due to a cancer misdiagnosis can be financially devastating. With your settlement, you could potentially recover your lost wages.
During and after treatment, your health may not be the same. If you cannot perform your previous job as well as you used to, you can also fight for additional compensation for reduced earning capacity.
Pain and Suffering
Pain and suffering refers to the physical pain and mental anguish suffered by cancer patients. It is difficult to maintain the same quality of life as before, especially if a misdiagnosis exacerbates the issues. It can be difficult to calculate pain and suffering accurately, but an experienced cancer misdiagnosis lawyer can ensure you get properly compensated for it in your settlement.
Wrongful Death
If a cancer misdiagnosis leads to the tragic loss of a loved one, you can also recover financial compensation for wrongful death. While the loss of your loved one may have been due to cancer, you can hold the at-fault party accountable for your loss if a misdiagnosis was a factor in their passing.
Why Is The Dixon Firm the Right Choice for Cancer Misdiagnosis Cases in Atlanta?
The Dixon Firm has an experienced and dedicated team to help you handle your cancer misdiagnosis case. Doctors, nurses, and medical specialists work for hospitals that have robust legal teams representing the staff. While it is possible to file a claim on your own, going up against the hospital’s legal team can and does put you at a significant disadvantage.
Our Atlanta cancer misdiagnosis lawyers have years of experience representing clients and helping them fight for the compensation they rightfully deserve. Our lawyers know the ins and outs of how the hospital and doctors will try to shift blame and fight against your claim. We have recovered millions for our clients and want to help you get started with your case today.
Request a Free Consultation Today
When facing a traumatic cancer misdiagnosis, you need a legal professional on your side to fight for you and your family. The Dixon Firm, P.C. is a nationally recognized law firm with award-winning successes. We use our extensive experience to fight for your legal rights and negotiate a fair settlement that will aid you through recovery.
Due to our strong will and skill level, we are not hesitant to go to trial if needed. Contact The Dixon Firm, P.C. today to request a free consultation.