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What to Know About Cancer Misdiagnosis Cases

Updated January 17, 2025.

Misdiagnosis of cancer causes treatment delays and reduces survival rates. The earlier the cancer is detected, the better the treatment options and the patient’s chances of recovery. Delayed treatment due to diagnostic errors can have detrimental effects on patient recovery. If your cancer has been misdiagnosed, please get in touch with a Rochester cancer misdiagnosis lawyer from Lacy Katzen LLP.

If cancer is not diagnosed in a timely manner, the type is not identified correctly or the presence of cancer is missed, a cancer misdiagnosis has occurred. Factors that contribute to misdiagnosis include, but are not limited to the following:

  • Recognizing Symptoms: Failure to recognize signs and symptoms consistent with cancer.
  • Diagnostic Tests: Failure to order necessary diagnostic tests, such as mammograms or biopsies, can result in missed or incorrect diagnoses.
  • Test Result Interpretation Errors: Improperly reading X-rays or pathology reports can lead to overlooking malignancies.
  • Communication Breakdowns: Insufficient information exchange among medical professionals can lead to missing crucial diagnostic details.

Consequences of a Misdiagnosis

The consequences of a cancer misdiagnosis can be severe and life-altering, such as:

  • Disease Progression: Cancer may progress more aggressively, requiring a more complicated treatment protocol.
  • Limited Treatment Options: Cancers typically have more available treatment options in the early stages.
  • Increased Mortality Risk: Advanced-stage cancers are generally more difficult to treat, resulting in higher mortality rates.

Preventive Measures

To reduce the risk of misdiagnosis, patients are encouraged to:

  • Seek a Second Opinion: Consulting a second healthcare provider can help confirm diagnoses and treatment recommendations.
  • Maintain Communication: Discussing symptoms and medical history with healthcare providers improves diagnostic accuracy.
  • Stay Informed: Understanding personal risk factors and following recommended screening schedules are essential for early detection.

Legal Options for Cancer Misdiagnosis

Patients who suffer from cancer misdiagnosis or delayed diagnoses may have grounds for a medical malpractice claim. To establish such a claim, the following elements must be proven:

  • Duty of Care: Establish the existence of a Doctor-Patient Relationship to prove the Doctor had a duty of care to the misdiagnosed patient.
  • Breach of Standard of Care: This involves demonstrating that the provider failed to adhere to accepted medical practices.
  • Causation: Proving that the provider’s failure to follow accepted medical practices harmed the patient.
  • Damages: Establish the losses incurred, including lost wages, medical expenses, and pain and suffering.

Cancer misdiagnosis cases are complex. The medical malpractice team at Lacy Katzen is here to help. Our attorneys have decades of experience assisting clients to receive millions of dollars in settlements due to the misdiagnosis of cancer including bladder cancer, brain cancer, breast cancer, colon cancer, kidney cancer and others. If you or someone you love has a cancer misdiagnosis, please contact us today for a free consultation.

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