Philadelphia Cancer Misdiagnosis Attorneys
Medical technology has made the timely and accurate diagnosis of many forms of cancer possible. Since there is no known cure for cancer, early detection is crucial for nearly all types of cancer cases.
Often, speedy diagnosis and treatment can help delay the symptoms or even cause the cancer to go into remission. These treatments can add years or even decades to a person’s life. When medical negligence results in the failure to diagnose and treat cancer, patients are left to suffer when the disease may have been treatable.
If you or a loved one has suffered due to medical negligence, the cancer misdiagnosis lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., are here to stand up for your rights. In handling your case, a medical malpractice attorney from our law firm will:
- Consider why and how the cancer was not properly diagnosed
- Determine what damages you have suffered because of the misdiagnosis
- Work with medical experts who help determine the extent of the injuries caused by a missed or delayed diagnosis
- Fight for the full compensation you need and the justice you deserve
Nothing can undo the harm caused by a misdiagnosis, but we can help you hold negligent hospitals or doctors accountable for their errors. Contact us now to schedule your free consultation and learn about your legal rights.
Cancer Misdiagnosis and Liability in Pennsylvania
When you go to a doctor or other medical professional to assess a health concern or problem, you should be able to trust that your healthcare provider will treat you with a reasonable standard of care. If your doctor is negligent, such as by misreading test results or overlooking cancer symptoms, the resulting missed or delayed diagnosis can rob you of valuable time needed to treat your illness.
If a doctor or other medical professional’s negligence resulted in harm to you, such as in the case of a cancer misdiagnosis, you can hold them liable. Our cancer misdiagnosis attorneys will work with medical specialists to show that your medical provider did not follow the same standard of care that other reasonable professionals would have, resulting in serious harm to you.
How to Establish Negligence in Cancer Misdiagnosis Cases
Our attorneys will work quickly to gather all the evidence needed to support your misdiagnosis claim. This may include:
- Medical records from doctor appointments
- Review of recommendations for cancer screenings
- Evaluation of test procedures and results
- Review of recommendations for follow-up testing
- Expert witness testimony
In addition to establishing who should be held liable in your case, our legal team will also work to thoroughly document all the losses you have suffered so we can demand full compensation for you.
Damages in a Cancer Misdiagnosis Claim
Cancer is a devastating disease that can be both extremely painful and costly to treat. Patients face extensive medical bills for surgeries, chemotherapy, radiation, and follow-up care. The expenses can add up quickly, especially when the person is missing time from work.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., our attorneys will identify all the damages you have suffered as a result of your cancer misdiagnosis. We may demand payment for:
- Medical bills and treatment costs
- Cost of transportation to receive treatment
- Lost income
- Loss of future earnings
- Pain and suffering
- Loss of consortium
- Emotional distress
Following a cancer misdiagnosis, our attorneys may attempt to negotiate a settlement with the medical professional or facility’s insurance company. Most insurers are reluctant to take medical malpractice cases to trial because of the significant risks and costs involved, which is why many settlements are reached well before a case ever sees the inside of a courtroom.
If your case does need to go to trial, you can trust that our seasoned litigators will be prepared to present a strong argument for maximum compensation in court.
How Can a Cancer Misdiagnosis Attorney Help?
The first thing that a lawyer will do for you is investigate the medical care you have received. An experienced attorney will know what errors to look for and how to identify the medical professional’s failure to adhere to acceptable standards of care.
Your lawyer will consult with other professionals and experts in the field to establish a strong claim that your condition could and should have been diagnosed by a doctor who was acting responsibly.
Your lawyer will also deal with the insurance companies involved. The insurer for the negligent party in your case will either try to deny your claim or resolve it for as little as possible. In many cases, the company’s representatives will contact you before you have even had the chance to speak with an attorney, and they may try to get you to drop your case or settle for less than what you are rightfully owed.
Never sign anything or accept a settlement offer without getting legal advice.
The experienced attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., will fight for a just settlement to your case that covers every single past, present, and future expense related to your illness. When the insurance company refuses to offer a fair settlement, our team will not hesitate to file a lawsuit to fight for full and fair compensation for you at trial.
What Are the Most Common Causes of Cancer Misdiagnosis?
Most available cancer treatments are only effective in combating the early stages of cancer. If a doctor fails to notice or consider the initial symptoms, the cancer may progress beyond treatment. Some cancers develop quickly, meaning that a patient could only have a window of a few months before the condition is untreatable.
The major causes of missed or delayed cancer diagnosis can include:
- Failure to properly conduct screening tests
- Improper sampling of blood and tissue
- Failure to recommend proper cancer screening tests in accordance with medical protocol
- Incorrect reading of laboratory tests and X-ray studies
- Mistaking cancer for another benign condition
- Failure to diagnose and respond to symptoms of cancer
- Failure to order proper testing
The early detection and treatment of cancer greatly increases your chances of survival. With many common cancers — such as breast cancer, colon and colorectal cancer, prostate cancer, and lung cancer — early diagnosis is crucial to a good prognosis. Conversely, patients who are not properly diagnosed early may require more invasive and expensive treatments and have a lower chance of survival. All too often, cancer misdiagnosis results in wrongful death.
What Types of Cancer Are Most Commonly Misdiagnosed?
Cancer can come in many forms and affect many areas of the body. The American Cancer Society states that more than 1.5 million new cancer cases are diagnosed every year, and almost nine out of 10 cancers are diagnosed in people 50 years of age and older.
Commonly misdiagnosed cancer types include:
- Lung Cancer — Often caused by smoking or secondhand smoke, lung cancer may require treatment such as lung removal, chemotherapy, or radiation.
- Lymphoma — Cancer of the lymphatic system could lead to active surveillance, chemotherapy, other drug therapy, radiation therapy, or a bone marrow transplant.
- Prostate Cancer — Treatment for prostate cancer could include active surveillance, surgery, radiation therapy, cryotherapy, hormone therapy, chemotherapy, or immunotherapy. Additional treatment could be required for cancer that has spread to bones.
- Breast Cancer — A mastectomy can be used to remove the affected breast, but other treatment options could include radiation therapy, chemotherapy, hormone therapy, or targeted therapy.
- Colon Cancer — Surgery is often used to treat colon cancer, but people can also undergo chemotherapy or radiation therapy.
- Sarcomas — Sarcoma treatment can include surgery, chemotherapy, or radiation therapy.
- Unknown Primary Site Cancer — When doctors detect cancerous cells in the body but cannot determine where they originated, treatment is always more difficult and can affect multiple organs or areas of the body.
- Melanoma — Treatment for melanoma may involve surgery, chemotherapy, radiation therapy, biological therapy, or targeted therapy.
No matter what kind of cancer your misdiagnosis involves, your life is greatly affected and you deserve compassionate legal representation. It is important to speak with an attorney as soon as possible for assistance understanding all of your legal options.
Can I File a Medical Malpractice Lawsuit for a False Diagnosis of Cancer?
You can file a medical malpractice suit in these cases. While false cancer diagnoses represent a rare kind of medical malpractice case, these events do still occur. Incorrect cancer diagnoses can lead to major surgical procedures that can involve tremendous pain and suffering for those involved.
For example, women informed that they have breast cancer may undergo mastectomies, and others could have surgical procedures performed to remove supposedly cancerous areas. Many victims in these cases amass significant medical expenses relating to treatment that was totally unnecessary.
Need Legal Help? Contact an Experienced Cancer Misdiagnosis Attorney
Have you or a loved one received a cancer misdiagnosis in Philadelphia or a surrounding area of Pennsylvania? Turn to a legal team that knows how to handle these complex medical malpractice claims and has the tenacity to fight for you.
Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., has a long track record of success in medical malpractice cases, and our attorneys are here to help you now. Contact us today to set up your free consultation.