With the disease killing millions of people every year, many want to find out if their illness is cancer. Cancer is easier to treat when detected early.
When it comes to dealing with cancer, timely and accurate diagnosis can mean the difference between life and death. Despite this, cases of incorrect cancer diagnosis are more common than many people realize.Â
We know that a cancer misdiagnosis can inflict severe harm on patients and their families. If a doctor misdiagnoses your illness, they can be held liable for medical malpractice, and you may be eligible for financial compensation.
What Is Cancer Misdiagnosis?
A cancer misdiagnosis happens when medical professionals make an incorrect conclusion regarding a patient’s cancer status. This mistake can take various forms.Â
For example, it could arise when your doctor says you don’t have cancer when you do, or the doctor says you have cancer when you don’t. It could also arise when the doctor calls the wrong type of cancer.
A cancer misdiagnosis can lead to delayed treatment, wrong treatment, or unnecessary treatment. All these can have disastrous consequences.
For example, when the doctor fails to detect cancer, they allow it to grow and spread, making treatment more difficult and reducing the patient’s chances of survival.
On the other hand, detecting cancer when it doesn’t exist can lead to needless treatment. This can leave patients with devastating side effects besides wiping out their savings.
Why Cancer Misdiagnosis Happens
An incorrect cancer diagnosis can happen due to many different reasons, including professional mistakes and a communication breakdown. Below are some of the common causes of cancer misdiagnosis:
- Failure to Get the Patient’s Full Medical History
Many doctors are overworked, struggling with heavy workloads and long hours. As a result, a doctor may not have enough time with the patient to gather enough information about their medical history. This can lead to a rushed, error-prone diagnosis process.
- Misinterpreting the Patient’s Symptoms
Since cancer symptoms can be subtle in the early stages, the doctor can misinterpret your symptoms, leading to misdiagnosis. This can happen if the doctor fails to fully listen to your concerns, or the doctor favors a certain diagnosis.
- Ordering the Incorrect Tests
A doctor might order inappropriate diagnosis tests due to various reasons, including inadequate medical knowledge, job pressure, or overconfidence. This can lead to diagnosis errors, delaying proper treatment and causing harm to the patient.
- Misreading Test Reports
A doctor dealing with several matters at the same time or not paying close attention can misread test reports. Poor communication with the lab can also cause misinterpretation of test results. This can lead to misdiagnosis and wrong treatment plans.
- Mixing Up Test Results
Doctors can mix up patient test results and medical records. This can happen when patients have similar names or in busy settings where medical professionals are under pressure to see many patients. Mixing up patient test results or records can lead to incorrect diagnoses, inappropriate treatment, or surgical errors.
- Mishandling Test Samples
Mishandled test samples can lead to unreliable test results, causing misdiagnosis and delayed treatment. Failing to follow the established guidelines for sample collection, labeling, and storage can compromise the integrity of the sample.
What Are the Commonly Misdiagnosed Cancers?
While all types of cancers can be misdiagnosed, some cancers are more commonly mistaken for other conditions, and vice versa. Below are some of the most frequently misdiagnosed cancers:
- Breast Cancer
Your doctor may mistake breast cancer for mastitis, which causes swelling and pain in the breasts. Moreover, the doctor can confuse breast cancer with fibrocystic breasts, a less harmful condition that causes pain and lump in the breasts.
- Prostate Cancer
Prostate cancer is often misdiagnosed as prostatitis, a condition that causes swelling of the prostate gland. Moreover, your doctor can mistake prostate cancer for bladder cancer.
- Lung Cancer
Lung cancer symptoms are usually similar to those of other conditions. For example, a doctor can mistake lung cancer for pneumonia, asthma, or bronchitis.
- Ovarian Cancer
Ovarian cancer symptoms often match symptoms that a patient with gastrointestinal issues may exhibit, such as bloating and bowel movements. For this reason, ovarian cancer may be mistaken for a gastrointestinal condition.Â
Proving Liability in a Cancer Misdiagnosis CaseÂ
Medical professionals have a responsibility to give their patients the best possible care. Failure to diagnose an illness correctly can be a case of medical negligence or healthcare fraud.Â
However, not every doctor’s error is considered a medical malpractice. You might have a case if you can prove the following:
- The Doctor Had a Duty to You
You can only hold a doctor liable in a cancer misdiagnosis case if you can prove that they had a duty to care for you. A bill from the doctor’s office can help prove the existence of a doctor-patient relationship.
- The Doctor Failed in Their Duty
You need to prove that your doctor didn’t fulfill their duty to you. This requires demonstrating that the doctor’s actions amounted to medical negligence or fraud.
- The Doctor’s Mistake Caused You Harm
You need to show that the misdiagnosis harmed you. At this stage, the goal is to show that you would not have incurred medical bills, sustained treatment side effects, or faced a reduced survival chance if your doctor diagnosed you correctly.
- Your Incurred Damages
You must provide proof of your damages and their monetary value. While hospital bills and pay stubs can help determine the value of your economic damages, non-economic damages like pain and suffering are usually challenging to value.
Damages Available in Cancer Misdiagnosis Case
You can seek various forms of compensation in cancer misdiagnosis cases, including:
- Medical ExpensesÂ
You may seek reimbursement of all medical bills related to the misdiagnosis. These include costs of current and future treatments, laboratory tests, medical devices, and physical therapy.
- Lost Income
You can pursue compensation for missed paychecks if the misdiagnosis prevented you from working. Moreover, you can seek compensation for lost future earnings if you suffered disability due to the diagnostic mistake.
- Pain and Suffering
You may be entitled to compensation for physical pain and mental anguish you experienced as a result of the misdiagnosis. Moreover, you can pursue compensation for reduced quality of life if the diagnostic mistake leaves you with disability.
- Wrongful Death DamagesÂ
Suppose a cancer misdiagnosis caused the death of a loved one. In that case, their surviving family members may receive wrongful death damages that cover things like medical costs, funeral expenses, and loss of financial support the deceased would have provided.
Seek Legal Assistance If You Suffered Cancer MisdiagnosisÂ
Misdiagnosis of illnesses accounts for a huge proportion of medical malpractice claims. If the doctor incorrectly diagnosed your cancer, they should be held accountable. While you can’t reverse your misdiagnosis, you can obtain compensation for your damages. An experienced medical malpractice lawyer can help you gather strong evidence to prove your case, provide an accurate estimate of your damages, and negotiate a fair settlement. The attorney will also be ready to file a lawsuit within the statute of limitations if necessary.
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