Cancer Misdiagnosis Lawyer
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Cancer Misdiagnosis Lawyer | Bernstein & Maryanoff Injury Attorneys
The medical field has never been more innovative. With faster, better, and more effective treatment methods than ever before, doctors have made breakthrough advancements over the years when detecting and treating cancer and other life-threatening diseases.
Unfortunately, despite this advancement in technology, cancer misdiagnosis due to doctor and hospital errors still happens. While the figures are not entirely clear, it’s estimated that one in 100,000 Americans die every year or are permanently disabled because of a medical misdiagnosis.
If you or a loved one has been the victim of a cancer misdiagnosis, you do not have to navigate this difficult road alone. At the law office of Bernstein & Maryanoff Injury Attorneys, our team of investigators, paralegals, and experienced cancer misdiagnosis attorneys are here for you.
Is cancer misdiagnosis considered medical malpractice?
Doctors have a duty to provide their patients with adequate and safe healthcare. This duty of care requires physicians to give their patients information about a diagnosis in a timely manner. They must also act to ensure a patient is safe while they are under their care. A physician violating this duty could be liable for negligence and sometimes medical malpractice.
Unfortunately, a misdiagnosis can happen if a physician acts in a manner that is reckless, careless, or overall negligent. When a cancer misdiagnosis happens, it can cause a patient severe physical, emotional, and mental pain and suffering, among other losses.
Your claim must satisfy a few requirements to bring forward a medical malpractice negligence case after a cancer misdiagnosis. Primarily, you must show that your doctor acted negligently and their negligence led to your injury. Typically, a negligence claim must include the four elements:
- You must show that a doctor had a duty to provide you with adequate medical care
- If they failed in this duty, they could be found liable for violating or breaching their duty of care to you. A plaintiff must show that a breach of duty has happened to claim negligence.
- You must be able to show causation or the link between a doctor’s actions and the injury you’ve suffered
- You must be able to show damages. Damages include losses like a physical injury that resulted in additional medical costs, emotional pain and suffering, and other losses.
Who is liable for a cancer misdiagnosis?
You may be able to take legal action against your doctor if they were negligent in their actions that led to your cancer misdiagnosis. However, there may be other parties that could be held liable as well.
For example, if your doctor upheld their duty of care toward you by giving you the right tests, but they relayed inaccurate test results because of faulty testing equipment, the blame could be shifted to the testing equipment manufacturer. Additionally, if the hospital had less than adequate policies in place that led to your cancer misdiagnosis, you might also be able to hold the hospital liable for your cancer diagnosis.
Working with an experienced cancer misdiagnosis attorney allows you to have a legal representative who will explore all avenues of liability. Unfortunately, liability can and usually does extend beyond just the doctor in cancer misdiagnosis cases.
Cancer misdiagnosis cases can result in significant and serious injury, and it’s important to hold all responsible parties accountable so that others do not have to suffer as you have.
How common is cancer misdiagnosis?
While exact figures are unknown, the latest data points to an alarming rate of cancer misdiagnosis. In a joint study between the National Coalition on Healthcare and Best Doctors, researchers found that about 60.5% of all doctors surveyed believe that the rate of cancer misdiagnosis is between 0 and 10%. Other industry leaders suggest that the rates might be much higher. In a BMJ Quality and Safety study, researchers found that an estimated 28% of cases had some form of misdiagnosis. This misdiagnosis rate has led to about 40,000 patient deaths.
The most commonly misdiagnosed cancers
Delayed diagnosis or misdiagnosis of cancer can cause significant injury to victims. Delayed cancer treatment could cause the cancer to spread, while a misdiagnosis will keep a victim in the dark about their cancer entirely.
Unfortunately, some types of cancer are more commonly misdiagnosed than others. According to a January 2020 study published in AMA Network Open, from a sample of 4352 patient safety incident reports, the top most commonly missed or delayed cancer diagnoses include the following:
- Colorectal cancer 5%
- Lung cancer 36 4%
- Breast cancer 2%
- Prostate cancer 2%
Other serious health issues that result from failure to diagnose include:
- Myocardial infarction 2%
- Strokes 2%
- Sepsis 2%
- Pulmonary embolism 1%
How can cancer misdiagnosis happen?
Cancer misdiagnosis can happen for a variety of reasons. While a physician is at the forefront of a cancer misdiagnosis, there are often many other parties that could be held liable alongside the physician.
A doctor’s negligence, whether it be through poor medical care, inexperience, stress, or even haste, is believed to be a common reason why cancer misdiagnosis may occur. If a doctor does not take a patient’s concerns seriously, does not order the appropriate test, or does not adequately follow through with their medical care, a patient could be left to suffer the severe consequences of a cancer misdiagnosis.
A pathologist or the doctor who analyzes a sample from the patient may make a mistake when analyzing the specimen as well. This could lead to inaccurate test results, which then lead to a cancer misdiagnosis.
Unfortunately, the symptoms of the cancerous infection may mimic the symptoms of other non-cancerous diseases. If a doctor does not assess a patient properly, they could easily arrive at a cancer misdiagnosis or a delayed diagnosis.
How long do I have to sue for a cancer misdiagnosis?
Under Florida law, patients who have been the victim of a cancer misdiagnosis typically have two years to file their cancer misdiagnosis lawsuit. Because a cancer misdiagnosis can be challenging to determine, the time starts ticking from the day a plaintiff discovers the failure in diagnosing the cancer.
It’s important to take legal action as soon as possible once you find out you have been the victim of a cancer misdiagnosis. Waiting to take legal action can make collecting pertinent evidence proving your claims difficult. It might also make it easier for a defendant to fight back against your claim that their negligence is what led to your cancer misdiagnosis. Finally, the sooner you take legal action, the sooner you will be able to recover the compensation you can put toward medical bills, treatment costs, and other financial obligations.
Waiting beyond the two-year misdiagnosis lawsuit statute of limitation could also prevent you from taking legal action altogether. If you’ve been the victim of a cancer misdiagnosis, reach out to the experienced attorney at Bernstein & Maryanoff Injury Attorneys.
How an experienced medical malpractice attorney can help you
Speaking with a cancer misdiagnosis injury attorney in Miami means you’ll have a legal representative on your side who will fight for your rights. An experienced medical malpractice attorney will offer you the following support:
Determine the strength of your case
At Bernstein & Maryanoff Injury Attorneys, our attorneys offer an initial free case consultation to determine the overall strength of your case.
Determine liable parties
An experienced medical malpractice attorney will also determine the liable parties in your case. In a medical malpractice cancer misdiagnosis case, liability often extends beyond just the physicians themselves. Third-party providers, hospital staff, and the hospital facility could also be held liable for your injuries following a cancer misdiagnosis.
Establish damages
A cancer misdiagnosis can cause substantial losses, including unimaginable pain and suffering. An attorney can help determine what damages you’ve sustained because of your cancer misdiagnosis. Damages associated with a cancer misdiagnosis often include:
- Hospital bills and treatment costs
- Cost of ongoing treatment
- Cost of medical supplies
- Therapy and rehabilitation
- Lots of income/lost wages
- Pain and suffering
- Emotional trauma, anxiety, depression
Contact Bernstein & Maryanoff Injury Attorneys today!
If you or a loved one have been the victim of a medical malpractice case in Miami, Florida, there are resources you can turn to for support, guidance, and legal representation. At the law office of Bernstein & Maryanoff Injury Attorneys, our team of investigators, paralegals, and attorneys is dedicated to representing medical malpractice victims just like you. We are committed to helping determine the strength of your case, establish liable parties, and calculate the damages you are owed because of someone else’s negligence.
Sources:
Ducharme, J. (2013). Misdiagnosing Cancer is More Common Than We Think.
Schiff, G., et al. (2022). Characteristics of Disease-Specific and Generic Diagnostic Pitfall
Winters, B., et al. (2013). Diagnostic errors in the intensive care unit: a systematic review of autopsy studies
