Average Payout For Cancer Misdiagnosis

Have you or a loved one suffered due to a cancer misdiagnosis or cancer that was incorrectly diagnosed by a healthcare professional?

A cancer misdiagnosis can result in severe consequences like delays in life-saving treatment, particularly if the cancer spreads or other complications occur due to a misdiagnosis.

Our team of Chicago Medical Malpractice Lawyers will help you get compensation for the trauma of a cancer misdiagnosis.

We’ll work with you to assess your case and the circumstances surrounding it and advise you on all available legal options for the compensation you deserve. 

Let us handle all the legal aspects of your cancer misdiagnosis claim, ensuring that your needs and those of your loved ones will be taken care of in a timely fashion. 

What Is The Average Payout For A Cancer Misdiagnosis Claim?

The average payout for a cancer misdiagnosis claim varies significantly based on a number of factors, including the severity of the misdiagnosis, the extent of harm caused, the jurisdiction in which the claim is filed, and the specific circumstances of the case.

Generally, settlements and verdicts in cancer misdiagnosis cases can range from tens of thousands to millions of dollars.

Key factors influencing the payout of a cancer misdiagnosis claim include:

• Extent Of Harm. If the misdiagnosis led to a significant delay in treatment, worsening of the cancer, or a reduced chance of survival, the payout is likely to be higher.

• Medical Expenses. Costs related to additional medical treatments, surgeries, hospital stays, and ongoing care.

• Loss of Income. Compensation for lost wages and potential future earnings if the misdiagnosis impacted the individual’s ability to work.

• Pain And Suffering. Non-economic damages related to physical pain, emotional distress, and loss of quality of life.

• Wrongful Death. If the misdiagnosis resulted in death, the family may seek compensation for loss of companionship, funeral expenses, and other related costs.

Specific amounts can vary widely.

For example, some medical malpractice claims might result in settlements of around $200,000 to $800,000, while others, particularly those involving severe consequences or clear negligence, can reach several million dollars or even more. 

Our Experience With Cancer Misdiagnosis Payouts 

Do you think you have a cancer misdiagnosis claim?

We’re a Chicago-based wrong diagnosis law firm specializing in medical malpractice with extensive experience representing clients in cases involving cancer misdiagnosis and related injuries. 

We have successfully litigated numerous cases where patients suffered harm due to cancer misdiagnosis and related complications, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of cancer misdiagnosis cases we’ve handled include settlements of $1,250,000 for undisclosed negligent failure.

However, your potential payout depends on the details of your case.

Consult with our team of legal professionals specializing in medical malpractice cases for more accurate estimates based on individual case details.

Cancer Misdiagnosis Lawsuits and Settlements

What does a cancer misdiagnosis lawsuit and settlement involve?

This type of lawsuit involves several stages, from the initial filing of the complaint to the potential settlement or trial. 

Here’s a general overview of what typically happens during this process:

1. Initial Consultation And Investigation. This first step is when the patient (or plaintiff) consults with a medical malpractice attorney to discuss their case. During this time, the attorney will review medical records, diagnostic tests, and other relevant documents to determine if there is a basis for a claim. Medical experts may be consulted to evaluate whether the misdiagnosis deviated from the standard of care and caused harm.

2. Filing The Complaint. The patient’s or plaintiff’s attorney drafts a complaint outlining the allegations against the healthcare provider (defendant). The complaint is filed in the appropriate court, and the defendant is served with legal papers.

3. Pre-Trial Proceedings. This phase includes discovery, where both parties exchange information through written questions (interrogatories), document requests, and depositions (sworn statements taken out of court). Either party may file motions to resolve procedural issues or even dismiss the case. At any point, the parties may engage in settlement negotiations to resolve the case without going to trial.

4. Settlement. If both parties opt for settlement negotiations as opposed to a trial, the plaintiff’s attorney and the defendant’s attorney will negotiate a settlement amount. This may involve mediation or arbitration. If an agreement is reached, a settlement agreement is drafted and signed by both parties. The agreed-upon settlement amount is paid to the plaintiff, typically structured to cover medical expenses, lost wages, pain and suffering, and other damages.

5. Trial. If no settlement is reached, then the malpractice case will go to trial and a jury is selected. Both sides present opening statements outlining their case. The plaintiff’s attorney presents evidence and expert testimony to support their claim, followed by the defense presenting their case. Both parties make their final arguments to the jury. The jury deliberates and reaches a verdict, which may include awarding damages or a payout to the plaintiff.

6. Post-Trial Proceedings. Either party may appeal the verdict if they believe there were legal errors that affected the outcome. If the plaintiff wins, the process of collecting the awarded damages begins.

What Factors Include Cancer Misdiagnosis Settlement Payouts?

Some factors that influence the compensation a patient or plaintiff may receive from a cancer misdiagnosis claim include (but are not limited to): 

• Strength Of Evidence. Clear evidence of negligence and harm increases the likelihood of a favorable settlement.

• Severity Of Harm. More severe consequences of the misdiagnosis typically result in higher settlements.

• Jurisdiction. Laws and precedents in the jurisdiction where the case is filed can impact settlement amounts.

• Insurance Coverage. The defendant’s malpractice insurance policy limits may influence the settlement.

Throughout this process, having a knowledgeable and experienced medical malpractice attorney is crucial to navigating the complexities of the legal system and achieving a fair outcome for your cancer misdiagnosis case.

How Common Is Cancer Misdiagnosis?

Cancer cases have been reported as being incorrectly diagnosed over 11% of the time according to a study by SIDM (the Society for Improving Diagnosis in Medicine).

While there are many potential reasons for a wrong misdiagnosis, some of the more typical ones include:

• Non-Specific Symptoms. Early-stage cancer symptoms can mimic those of other benign conditions.

• Testing Errors. Errors in pathology, radiology, and interpretation of diagnostic tests can lead to misdiagnosis.

• Communication Failures. Miscommunication among healthcare providers and between doctors and patients can contribute to diagnostic errors.

While cancer misdiagnosis is a concerning issue, awareness and improvements in diagnostic processes are ongoing to reduce its prevalence and impact.

If you or someone you know has concerns about a potential misdiagnosis, seeking a second opinion from a specialist is advisable.

What Are the Most Commonly Misdiagnosed Types of Cancer?

Several types of cancer are more commonly misdiagnosed than others, often due to their symptoms mimicking other less serious conditions or the complexity of accurately diagnosing them. 

Here are some of the most commonly misdiagnosed types of cancer:

• Lung Cancer. Lung cancer may be misdiagnosed as pneumonia, bronchitis, asthma, tuberculosis, or other respiratory infections in the early stages. 

• Breast Cancer. The reasons that breast cancer may be misdiagnosed include similarity of lumps or changes in the breasts to non-cancerous conditions, especially in younger women with dense breast tissue.

• Colorectal Cancer. The symptoms often overlap with common gastrointestinal disorders, leading to misdiagnosis.

• Pancreatic Cancer. Pancreatic cancer often presents with non-specific symptoms that are common to many gastrointestinal issues like gallstones, gastritis, hepatitis, and peptic ulcers. In addition, the pancreas’ location makes early detection difficult.

• Lymphoma. The general symptoms of lymphoma include swollen lymph nodes, fever, night sweats, and weight loss, which overlap with many other illnesses.

• Melanoma. This deadly skin cancer has a similar appearance to benign skin conditions, particularly in early stages.

• Ovarian Cancer. Ovarian cancer is difficult to diagnose due to broad symptoms that are often attributed to less serious conditions.

• Prostate Cancer. The symptoms overlap with non-cancerous prostate conditions, particularly in older men.

• Thyroid Cancer. There is a similarity to benign thyroid conditions, plus it is relatively rare. 

Early and accurate diagnosis of cancer is crucial for effective treatment. Misdiagnosis can lead to delays in appropriate care and poorer outcomes.

If there are persistent or unusual symptoms, seeking a second opinion or further diagnostic testing can be essential to ensure an accurate diagnosis.

What Happens When Cancer Is Misdiagnosed?

A cancer misdiagnosis can have a significant negative impact on the lives of the patient and loved ones, with consequences or harms such as:

• Delayed Treatment. Misdiagnosis can lead to delays in appropriate treatment, potentially worsening the prognosis.

• Unnecessary Treatment. Patients may undergo unnecessary treatments for conditions they do not have, leading to avoidable side effects and complications.

• Emotional And Financial Burden. The psychological impact, mental anguish, and financial costs associated with misdiagnosis can be significant for patients and their families.

• Wrongful Death. If a cancer misdiagnosis leads to a fatality, then the patient’s family may have grounds to sue for wrongful death.

Can You Sue a Doctor for Not Diagnosing Cancer?

Yes, you can sue a doctor for not finding cancer, not correctly diagnosing cancer, or not diagnosing cancer in a timely fashion (delayed diagnosis) but such a lawsuit falls under medical malpractice and involves specific legal criteria that must be met. 

Here are the standard criteria for a medical malpractice lawsuit:

• Duty of Care. The doctor must have a duty of care to the patient, which is established when a doctor-patient relationship exists.

• Breach of Standard Of Care. The patient must prove that the doctor failed to provide the standard of care that a reasonably competent doctor would have provided under similar circumstances. This might involve misreading test results, failing to order appropriate tests, or dismissing symptoms.

• Causation. It must be shown that the doctor’s failure to diagnose cancer directly caused harm to the patient. This means proving that the misdiagnosis or delayed diagnosis led to the cancer progressing or becoming less treatable.

• Damages. The patient must have suffered actual harm as a result of the misdiagnosis, such as worsened medical condition, additional medical expenses, lost wages, pain and suffering, or diminished quality of life, or in the worst case scenarios, wrongful death.

Settlements and Verdicts in Cancer Misdiagnosis Cases

In a medical malpractice case, a settlement and a verdict are two different outcomes for resolving the dispute between the plaintiff (patient) and the defendant (healthcare provider), but both can result in a payout on a claim or compensation for a cancer misdiagnosis.

In a settlement, an agreement is reached between the plaintiff and the defendant before the case goes to trial or before the trial concludes.

It involves negotiating a mutually acceptable resolution, typically involving a payment from the defendant to the plaintiff.

Both parties agree to the terms of the settlement voluntarily, and it usually involves compromise from both sides.

Settling a case is generally faster and less expensive than going to trial. It avoids the uncertainty, time, and costs associated with a trial.

Settlements are often confidential, meaning the details of the agreement are not made public. Once a settlement is reached and the agreement is signed, the case is closed, and the plaintiff typically agrees not to pursue further legal action on the matter.

On the other hand, a verdict is the decision made by a judge or jury at the end of a trial. It determines whether the defendant is liable for the plaintiff’s claims and, if so, the amount of compensation (damages) the plaintiff is entitled to receive.

A verdict is imposed by the court after both sides present their evidence and arguments. It is not a negotiated agreement but a decision based on the evidence presented during the trial.

Be aware trials involve significant uncertainty and risk for both parties. The outcome is determined by the judge or jury, and either party can win or lose. Verdicts are part of the public record, meaning the details of the case and the decision are accessible to the public.

Either party can appeal a verdict if they believe there were legal errors in the trial. This can prolong the resolution of the case and increase legal costs.

Both settlements and verdicts aim to resolve the dispute, but they do so in different ways, each with its own advantages and disadvantages for the plaintiff. Your attorney will be able to advise you throughout the process and help you determine the right choice for your individual situation in a cancer misdiagnosis case. 

Cancer Misdiagnosis Malpractice Lawsuit Payout FAQs

Get answers to your questions about cancer misdiagnosis malpractice lawsuits or cancer misdiagnosis claims and the average payouts for a cancer misdiagnosis from our medical malpractice attorneys.

What Do You Need To Prove A Lawsuit And Get A Cancer Misdiagnosis Payout?

Malpractice cases involving any kind of incorrect diagnosis require certain evidence.

Typically, this involves demonstrating that the medical professional(s) involved failed to adhere to the accepted standard of care during the procedure. 

This failure is proven via expert testimony from oncologists or related specialists, medical record review to identify deviations from protocol, and the establishment of a clear causal link between the error and the resulting injury through medical analysis and documentation.

What Evidence Is Involved In A Cancer Misdiagnosis Claim?

Some examples of key evidence in a cancer misdiagnosis lawsuit includes medical records detailing the diagnosis and any associated procedures, any tests performed and the associated results, evidence of any complications, and subsequent treatments planned and performed. 

Expert testimony from oncologists or other relevant medical specialists is often critical for establishing the standard of care and identifying deviations. 

Documentation demonstrating the link between the error and the resulting injury, such as medical evaluations and patient testimony, also strengthens the case for negligence and damages or compensation.

Is There A Statute Of Limitations On Cancer Misdiagnosis Lawsuits In Illinois?

Yes, there is a statute of limitations on cancer misdiagnosis lawsuits in Illinois.

Individuals unable to resolve their malpractice claim against the at-fault provider’s medical malpractice insurance policy can file the claim as a medical malpractice lawsuit, which is a formal request for a judge or jury to hear the case and make determinations about liability and compensation or a payout for damages.

To protect this right, the claimant must file their lawsuit within two years of the date on which they knew or—through “reasonable diligence”—should have known they experienced an injury due to a medical error.

Even if there was a delay in determining the error occurred, claimants only have a maximum of four years from the date of the error to file a lawsuit.

There are some exceptions, however, such as claims involving minor children, in which parents or guardians of the child have up to 8 years to file the claim, or the child is granted the ability to file the claim themselves within 4 years of reaching the age of majority (which means they must file the claim before their 22nd birthday).

While it seems like an arbitrary number, this deadline (known as the statute of limitations) is one of the most critical aspects of your claim.

Failing to file a lawsuit during this time frame will usually bar the claimant from using the court process to seek compensation for the expenses and impacts they incurred due to the error. 

If the statute of limitations has expired, the at-fault provider’s insurance company will likely refuse to provide the payout as well, as they no longer face litigation if they do not.

What Is The Average Payout From A Successful Cancer Misdiagnosis Lawsuit?

In a successful lawsuit for a cancer misdiagnosis or similar claim, your compensation typically covers medical expenses related to treating the injury caused by the malpractice, including surgeries, rehabilitation, and ongoing medical care. 

Additionally, your medical malpractice compensation may include reimbursement for lost income due to the injury plus damages for pain and suffering endured as a result of the malpractice. 

The exact amount of compensation you may receive in a cancer misdiagnosis malpractice lawsuit is based on factors such as the severity of the injury, the impact on your or the patient’s life, and applicable laws in your jurisdiction. 

How Can A Medical Malpractice Lawyer Assist Me With A Cancer Misdiagnosis Claim?

Being diagnosed with and treated for cancer can be traumatic — and so are medical malpractice claims. 

An experienced attorney who understands the legal process, the types of expenses and impacts you are dealing with, and the type of compensation needed to compensate those costs fairly is crucial to obtaining the compensation you need.

In addition to providing the guidance you need to make decisions that reflect your best interest, your attorney and their legal team can also offer services such as:

• Determining who was liable for the error.

• Establishing a value to the claim.

• Managing communication with the malpractice insurance provider.

• Negotiating a settlement that fairly compensates you for your injury.

• Gathering the evidence and eyewitness or expert witness needed to prove your claim in court.

• Litigation services pertaining to the representation of your case to a judge or jury.

• Assistance in obtaining the proceeds of your negotiated settlement or court award.

Find Out If You Are A Payout For A Cancer Misdiagnosis In Chicago, Illinois

Did you or a loved one suffer from a cancer misdiagnosis, a delayed or incorrect cancer diagnosis, or similar issue that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys at Chicago Medical Malpractice Lawyers for a free consultation to better understand your legal options.