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Cancer Misdiagnosis Lawsuit

New York Cancer Misdiagnosis Attorneys

A cancer misdiagnosis can be one of the most traumatic events that a person can experience. A missed, wrong or delayed cancer diagnosis can have a devastating physical, emotional and financial impact on patients and their families. In some cases of cancer misdiagnosis, the patient’s cancer is undiagnosed and therefore remains untreated. This can result in a crucial window of time being missed when the cancer treatment may have been most effective in treating the patient. Tragically, sometimes the consequences of a cancer misdiagnosis can be deadly.

On the other side of the cancer misdiagnosis spectrum, a cancer misdiagnosis can also mean that a patient who does not have cancer may be given a wrong diagnosis of cancer and may undergo extensive, harmful cancer treatment, including surgery and chemotherapy. Patients and their families who experience a cancer misdiagnosis may be eligible to file a cancer misdiagnosis lawsuit against the doctors and medical specialists who failed to competently perform their duties.

Types of Cancer Misdiagnosis

The misdiagnosis of cancer can take several forms, but there are two main types of misdiagnoses: the failure to diagnose a patient’s existing cancer, and the diagnosis of a different illness or medical condition as cancer, when cancer is not present. Also, a doctor might misdiagnose a patient’s existing cancer’s type, stage, or location in the body. All of these forms of misdiagnosis can be potentially life-threatening for the patient.

How Cancer is Misdiagnosed

When a patient sees a doctor with a physical complaint or symptoms, it is the doctor’s responsibility to listen, ask questions, look for potential causes, do a thorough physical exam, recognize potential symptoms and order proper testing and follow up. Cancer can be missed or misdiagnosed in a number of ways, including:
• Failure to perform a thorough physical examination
• Overlooking patient complaints and reported symptoms
• Failure to communicate adequately with the patient and take a complete medical history
• Failure to recognize symptoms and early warning signs
• Failure to observe symptoms, such as a lump during a physical examination
• Failure to identify and diagnose a cancerous lesion during a biopsy procedure
• Diagnosing a cancerous (malignant) tumor as a non-cancerous (benign) tumor
• Diagnosing a benign tumor as a malignant tumor
• Failure of the doctor to order the proper tests
• Incorrect interpretation and evaluation of test results, X-rays, MRIs, CT scans, or other diagnostic reports
• Mishandling of laboratory specimens, such as blood and urine samples or tissue biopsies
• Mixing up or losing patients’ lab or test results
• Failure to properly follow up on test results
• Miscommunication between medical care providers
• Failure to refer patient to a more qualified specialist based on test results

Importance of Treating Cancer Early

Certain types of cancer are especially responsive to early treatment, and the failure to diagnose them in the early stages makes an even greater difference in a patient’s treatment options and outcome. Early detection can sometimes mean the difference between life and death. Some types of cancer that are most responsive to early treatment include:
• Breast Cancer
• Cervical, Ovarian and Uterine Cancer
• Colon Cancer
• Prostate Cancer
• Skin Cancer and Melanoma
• Lung Cancer
• Testicular Cancer
• Kidney or Renal Cancer

How Often is Cancer Misdiagnosed?

The Journal of the American Medical Association estimates that the rate of cancer misdiagnosis in the U.S. to be between 10 – 20 percent. However, the Journal of Clinical Oncology more recently estimated that cancer misdiagnosis rates may be as high as 28 percent, and up to 44 percent for certain types of cancer. Anyone would agree that any of these numbers is too high.

Preventing Cancer Misdiagnosis

To help prevent cancer misdiagnosis, patients should always ask as many questions of their doctors as needed to understand their medical conditions, share all of their symptoms even if they seem small, don’t allow the doctor to ignore their symptoms, and keep track of medical records and information. When in doubt, always get a second opinion. The more qualified medical opinions a patient receives, the more likely it is that any medical conditions will be correctly diagnosed and treated.

Cancer Misdiagnosis Medical Malpractice Attorneys Serving Brooklyn, The Bronx, Manhattan, Queens, Staten Island and New Jersey

When patients believe that medical negligence was responsible for their cancer misdiagnosis, they should seek the help of an experienced cancer misdiagnosis lawyer. The cancer misdiagnosis lawyer can review the facts, research the medical information, file a cancer misdiagnosis lawsuit, and follow through with the legal process. At the Law Offices of David J. Hernandez & Associates, we zealously fight for our clients who have been victims of medical negligence and their families to receive the compensation they deserve. We handle cancer misdiagnosis and medical malpractice cases on a contingency basis, which means that you pay no attorney fees unless we recover compensation for you. Please contact one of our dedicated cancer misdiagnosis attorneys for a free consultation and review of your case at 718-509-6816 or contact us online today.

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