Approximately 1,700
Americans die from cancer each day.
Victims of cancer misdiagnosis may be treated for and "cured" of a
cancer they never had in the first place, or the cancer that they
have may not be properly diagnosed, causing delay in treatment.
Either option may be fatal. The United States has no nationwide
cancer registry, so most statistics are cobbled together from death
certificates or hospital stay reports. Recent estimates show breast
cancer as the most likely cancer to be misdiagnosed and a 15% to
40%chance of error on any medical imaging test for any disease. Pap
smear estimates of false negatives are between 5% and 40%.
Misdiagnoses: Chemotherapy and/or radiation are the most
usual cancer treatment options. The side-effects and high risks
involved in these painful and expensive courses of treatment are
generally considered worth it. Bodily damage and risk of death are
acceptable choices when you are fighting certain death from cancer.
This is cold comfort to those victims of the medical industry who
have suffered through such treatments and the resulting pain and
suffering only to find that they did not have cancer after all. For
those we love, the financial cost is a price we willingly pay to
save a life. But, again, there are patients who endured hardship to
pay the cost of these treatments only to find that they did not have
cancer after all. Additional medical treatment now necessary due to
the damage caused by unnecessary x-rays and medications adds insult
to their injury. Many have died due to these treatments. Most
patients have shortened lifespan and poorer quality of life due to
their pain, suffering and financial hardships caused by unnecessary
medical treatments. Many forms of chemotherapy used to treat one
form of cancer, actually trigger other forms of cancer. Tamoxifen
used to treat breast cancer, for instance, may cause uterine cancer.
Missed diagnoses: The earlier the correct diagnosis is made,
the sooner treatment may be started, and the better the prognosis or
outcome for the victim of cancer. The specialized medical field of
cancer treatment is called oncology. Oncologists stress a missed
diagnosis means a delayed diagnosis. This causes more pain and
suffering, more financial hardship and a smaller chance of survival.
If you, or someone close to you has been the victim of medical
malpractice or negligence through misdiagnosis of cancer, you may be
entitled to compensation. It is important to consult with an
attorney as soon as possible in order to preserve your rights in
this matter.
Any medical or health care professional that has caused harm
to you through negligence in their professional duties may be
legally responsible for your misdiagnosis of cancer. If the
standards of medical care in your community were not met in their
professional treatment of you, they may be liable for damages in
your case.
- Was your medical chart lost due to a filing error, causing
important medical facts to be withheld from your physician?
- Did the pathology or x-ray technician read your test results
improperly, causing a wrong diagnosis to be placed in your file?
- Were you not advised as to proper preparation for a specific
testing procedure, causing the results to be invalid?
- Did your dentist not recognize obvious signs of oral cancer?
- Was your physician negligent in not ordering tests indicated by
symptoms that you were reporting? Were obvious signs or symptoms
missed during examination?
- Were your tests simply filed in your chart by the doctor's staff,
causing a delay in notification to you of the problem? Were delays
in the start of your treatment for cancer really necessary?
- Did your oncologist order proper dosages and course of treatment?
Medical malpractice or negligence laws are enacted to prevent harm
or to compensate for harm to a person whose care and treatment did
not meet the standard of medical care in their community. That harm
or injury may consist of physical injury, mental injury or financial
injury. Medical bills and loss of income due to medical negligence
and misdiagnosis injuries are an example of financial harm. Law
recognizes medical malpractice as grounds for a lawsuit for damages
or monetary compensation to injured parties. Damages may include
both present and future expected losses.
Cancer misdiagnoses frequently result in death. The law provides for
possible compensation in these cases for the heirs or the estate of
the victim of medical malpractice or negligence through misdiagnosis
of cancer.
Prior to accepting an insurance settlement, it is generally wise to
speak with a personal injury lawyer to evaluate your situation and
to ensure that your interests are protected. Most personal injury
attorneys provide free initial consultations and most will only be
paid if you win your case and receive a judgment. Most frequently,
personal injury attorneys will receive a percentage of the
settlement awarded to you. Legal advice can save you time, trouble
and money and can ensure that you are treated fairly.
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Scott
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New York, NY Accident Lawyer - David
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Philadelphia
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