Cancer Misdiagnosis Lawyer

Did you suffer from a cancer misdiagnosis or cancer that was incorrectly diagnosed by a healthcare professional?

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

Working with our team of Chicago Medical Malpractice Lawyers is the first step towards getting compensation for your pain.

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

Our attorneys understand misdiagnosed cancer cases and will take on every aspect of your claim, ensuring that your needs and those of your loved ones will be taken care of in a timely fashion. 

Cancer Misdiagnosis Claims: Can Cancer Be Misdiagnosed?

Yes, cancer can be misdiagnosed.

A cancer misdiagnosis can occur due to similarities in symptoms with other diseases, errors in interpreting diagnostic tests, or inadequate biopsy samples. 

Sometimes, benign conditions can mimic malignant tumors, leading to a false positive diagnosis. 

Conversely, a cancerous condition might be missed if it presents atypically or if diagnostic tests are not thorough. 

Ensuring accurate diagnosis often requires a combination of imaging, laboratory tests, and expert pathological review.

How Common Is Cancer Misdiagnosis?

Some types of cancer are more difficult to detect than others, particularly in the earlier stages. 

Unfortunately, medical diagnosis errors or misdiagnoses are also common in the U.S., including errors involving those who are believed to have cancer when they do not, as well as those who have cancer but are believed to be suffering from something else.

Either way, the consequences of cancer misdiagnosis can be deadly.

Why Is A Cancer Misdiagnosis So Serious?

Cancer is the second leading cause of death in the United States, with over 600,000 fatalities occurring every year according to the American Cancer Society’s research. 

Many types of cancer are aggressive, and accordingly treatments also need to be aggressive and timely to give patients the best chance to recover from the disease.

With most types of cancer, every day counts and early detection is paramount for survival.

This is why a cancer misdiagnosis can be so devastating — individuals lose out on valuable treatment time and more drastic measures may need to be taken if the cancer is discovered at a later stage. 

Our Cancer Misdiagnosis Lawyers With Cancer Misdiagnosis Lawsuits

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 false or incorrectly diagnosed cancers 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. 

One example of a medical malpractice case we’ve handled included a settlement of $950,000 for a negligently laparoscopic cholecystectomy.

What Is A Cancer Misdiagnosis?

A cancer misdiagnosis is when a medical professional incorrectly identifies or fails to identify the presence of cancer.

This can involve diagnosing a patient with cancer when they do not have it, known as a false positive, or failing to diagnose cancer when it is present, known as a false negative. 

Misdiagnosis can arise from errors in interpreting imaging studies, pathology reports, or clinical symptoms.

The consequences can be significant, leading to unnecessary treatments or delayed necessary treatments.

An accurate cancer diagnosis often requires multiple diagnostic methods and expert evaluations.

How Could A Doctor Misdiagnose Cancer?

Negligent doctors could misdiagnose cancer due to several factors.

These include interpreting imaging studies incorrectly, such as mistaking a benign growth for a malignant tumor. 

Errors in pathology, like misreading biopsy samples, can also lead to misdiagnosis.

Additionally, certain cancers present with symptoms similar to other non-cancerous conditions, causing diagnostic confusion. 

Inadequate or incomplete patient history and failure to conduct comprehensive diagnostic tests can further contribute to misdiagnosis.

What Are The Most Common Types Of Cancer To Be Misdiagnosed?

As mentioned, some cancers are more difficult to detect than others.

According to a report from National Law Review, the most common types of cancer to be misdiagnosed include:

• Lymphoma. Both the Hodgkin’s and non-Hodgkin’s variety of lymphoma are commonly misdiagnosed.. This type of cancer occurs in white blood cells known as lymphocytes. The most common symptoms that a patient experiences that indicate the presence of lymphoma include fever, weight loss, night sweats, and fatigue, which are also common symptoms of other, less severe illnesses.

• Breast Cancer. Breast cancer misdiagnosis is the most frequent cause of medical malpractice lawsuits against physicians. Around 31% of breast cancer diagnoses involve precancerous cells that do not cause clinical issues or endanger the patient’s life. Yet, women diagnosed with breast cancer, due to the presence of precancerous cells, wind up receiving treatment—that can include removal of some or all of the breast, chemotherapy, and radiation—that they do not need. On the flip side, 16% of breast cancers are missed by routine screening procedures, leaving a patient’s condition to potentially worsen due to not being treated.

• Colon Cancer. Doctors use routine colonoscopies to not only detect cancer in the colon, rectum, or bowel, but to prevent it by finding and removing noncancerous tumors, known as polyps, that can develop into cancer if left untreated. Getting an accurate colon cancer diagnosis correct is crucial, as the patient’s survival rate drops dramatically if the disease is allowed to progress unchecked.

• Lung Cancer. Lung cancer is the second most diagnosed cancer in the United States. Lung cancer tends to progress slowly, which is helpful in terms of allowing doctors the time needed to find an effective treatment plan in many cases, and harmful in that early-stage lung cancer often does not produce any symptoms. If it does, they can be confused with the symptoms of other conditions, such as asthma or chronic obstructive pulmonary disease (COPD).

• Skin Cancer (Especially Melanoma). In its early stages, skin cancer can mimic other conditions, such as eczema. Another common reason for misdiagnosis with skin cancer is errors in the lab when determining whether the biopsied tissue samples are cancerous. Melanoma is particularly commonly misdiagnosed. 

Other types of commonly misdiagnosed cancers are pancreatic cancer, ovarian cancer, cervical cancer, and endometrial cancer.

What Are The Signs Of A Cancer Misdiagnosis?

Signs of a cancer misdiagnosis can include persistent symptoms that do not improve with treatment or worsen despite treatment.

If a patient receives a cancer diagnosis but their symptoms and medical history do not align with typical cancer presentations, it may indicate a misdiagnosis. 

Inconsistencies between different diagnostic tests, such as a discrepancy between imaging results and biopsy findings, can also be a red flag. 

Additionally, if a second opinion from another medical professional significantly differs from the original diagnosis, this could suggest a misdiagnosis. 

Finally, experiencing side effects from unnecessary treatments, like chemotherapy or radiation, that are not addressing the underlying issue can also indicate a possible misdiagnosis.

What Happens If Cancer Is Misdiagnosed?

Misdiagnosis of cancer can have significant and varied consequences depending on whether the error is a false positive (diagnosing cancer when it is not present) or a false negative (failing to diagnose cancer when it is present).

Consequences of a False Positive Cancer Diagnosis

• Unnecessary Treatment. Patients might undergo invasive procedures such as surgery, chemotherapy, or radiation therapy, which come with significant risks and side effects.

• Emotional And Psychological Impact. Being told you have cancer can lead to severe stress, anxiety, depression, and other mental health issues.

• Financial Burden. Cancer treatments are often expensive, leading to unnecessary financial strain on patients and their families.

• Physical Side Effects. Treatments for cancer can cause various physical side effects, including fatigue, pain, hair loss, and compromised immune function.

Consequences of a False Negative Cancer Diagnosis

• Delayed Treatment. Missing the cancer diagnosis can delay the start of necessary treatments, potentially allowing the cancer to progress to more advanced stages.

• Worsening Prognosis. Early-stage cancers are often more treatable and have better outcomes. Missing a diagnosis can lead to a poorer prognosis.

• Increased Complications. As the disease progresses untreated, patients might develop more severe symptoms and complications that could have been avoided with earlier intervention.

• Emotional And Psychological Impact. Patients may experience confusion, frustration, and loss of trust in the medical system when the true diagnosis is eventually made.

Physical And Emotional Injuries From A Cancer Misdiagnosis

The physical harms of a cancer misdiagnosis may be readily apparent, but this type of medical error can also result in significant negative mental and financial impacts. 

Physical Harms Of A Cancer Misdiagnosis

Physical harms of a cancer misdiagnosis can be significant and varied.

They include:

• Unnecessary Treatments. Undergoing chemotherapy, radiation, or surgery when cancer is not present can lead to serious side effects, such as fatigue, nausea, hair loss, infections, and organ damage.

• Delayed Treatment. If cancer is not diagnosed when it is present, the disease can progress to more advanced stages, reducing the chances of successful treatment and survival.

• Complications From Surgery. Unneeded surgical procedures can result in complications such as infections, bleeding, and long-term disability or pain.

• Organ Damage. Treatments like chemotherapy and radiation can cause damage to vital organs, including the heart, lungs, liver, and kidneys, potentially leading to chronic health issues.

• Weakened Immune System. Chemotherapy and radiation can weaken the immune system, making the patient more susceptible to infections and other illnesses.

Of course, a cancer misdiagnosis can also lead to fatality or a greatly reduced lifespan; while we cannot assign adequate damages to this harm, the medical malpractice claim process does allow for you and your loved ones to seek compensation.

Emotional And Psychological Harms Of A Cancer Misdiagnosis 

A cancer misdiagnosis can have particularly severe consequences, not only on the patient’s physical health but also on their emotional health and finances.

Some of these impacts include:

• Increased Medical Expenses. Due to a decline in the patient’s physical health as a result of the misdiagnosis; the cost of obtaining treatment once a diagnosis has been made (sometimes after affording treatment for the wrong condition); and treating additional medical issues that developed due to the wrong treatment or the lack of treatment recommended for the type of cancer that the patient is suffering from.

• Lost Income. Due to the patient missing work to undergo unnecessary treatment or missing additional work to treat a condition that would have been more easily treated if caught earlier.

• Loss Of Future Earning Capacity. If the cancer misdiagnosis led to such a decline in the patient’s health that it resulted in permanent injuries that will impair the patient’s ability to work again or to earn in the same capacity as they did before the misdiagnosis occurred.

• Emotional Distress. Significant psychological harm may be caused by misdiagnosis and resulting from the disease’s progression after diagnosis or as a result of the patient undergoing painful and invasive cancer treatments they did not need.

Fortunately, the medical malpractice claims process allows individuals to seek compensation for these financial and emotional costs as well as the physical injuries that occur as a result of a cancer misdiagnosis.

What Are The Health Implications Of A Cancer Misdiagnosis?

The health implications of a cancer misdiagnosis can be profound and multifaceted. These include:

• Unnecessary Treatment Side Effects. Patients may endure the adverse effects of treatments like chemotherapy, radiation, or surgery without actually needing them, leading to physical and emotional distress.

• Delayed Correct Diagnosis. A misdiagnosis can delay the correct identification and treatment of the actual medical condition, allowing it to progress and potentially becoming more difficult to treat.

• Disease Progression. If cancer is present but not correctly diagnosed, it can advance to more severe stages, reducing the chances of successful treatment and increasing the risk of mortality.

• Emotional And Psychological Impact. Misdiagnosis can cause significant stress, anxiety, and depression for patients and their families, stemming from both the fear of having cancer and the stress of undergoing unnecessary treatments.

• Financial Burden. The cost of unnecessary treatments and procedures can be substantial, leading to financial strain for patients and their families, especially if insurance does not cover the erroneous treatments.

Can You Sue A Doctor For Not Finding Cancer?

Yes, you can sue a doctor for not finding cancer if it can be demonstrated that their failure to diagnose cancer was due to negligence.

To pursue a medical malpractice lawsuit, you typically need to prove the following:

• Duty Of Care. The doctor had a duty to provide a standard level of care to the patient.

• Breach Of Duty. The doctor breached this duty by failing to diagnose the cancer, which a competent doctor would have identified under similar circumstances.

• Causation. The breach directly caused harm to the patient, such as progression of the cancer to a more advanced stage.

• Damages. The patient suffered damages as a result of the misdiagnosis, which can include physical harm, emotional distress, additional medical costs, and loss of income.

Consulting with a medical malpractice attorney who practices in your area can provide guidance on the viability of a lawsuit based on the specifics of your case.

How Do You Prove A Cancer Misdiagnosis Case?

Errors occur regularly in healthcare settings.

Not all of these errors result in a patient becoming injured, however.

Further, suppose a patient suffers a bad outcome due to a procedure or treatment.

In that case, it does not necessarily mean an error has occurred, as there is a risk of a bad outcome with virtually any type of treatment or procedure.

For a patient to seek compensation from a physician through a medical malpractice claim, there must have been an error on the part of a provider—such as a doctor, nurse, or emergency room error —and it must result in physical injury.

For further reading, learn more about an average payout for cancer misdiagnosis.

Next Steps After A Cancer Misdiagnosis 

If you think that you or a loved one have been incorrectly diagnosed and are experiencing a cancer misdiagnosis, the following next steps are crucial both for your claim and your overall well being.

1. Seek A Second Opinion. Consult another medical professional to confirm or refute the initial diagnosis. This may involve additional tests and evaluations.

2. Gather Medical Records. Collect all medical records, test results, and treatment plans related to the misdiagnosis. This documentation will be important for further medical consultations and potential legal actions.

3. Adjust Treatment Plan. If the misdiagnosis is confirmed, work with your healthcare team to develop a new treatment plan tailored to your actual medical condition. This may involve stopping unnecessary treatments and starting appropriate ones.

4. Address Physical And Emotional Health. Focus on recovery and address any side effects or harm caused by the incorrect diagnosis and treatment. Seek support from mental health professionals, support groups, or counseling services to manage emotional stress.

5. Consult A Medical Malpractice Attorney. If you believe the misdiagnosis resulted from negligence, consider consulting a medical malpractice attorney to discuss your legal options and potentially file a lawsuit for compensation for damages incurred.

Cancer Misdiagnosis Malpractice Lawsuit FAQs

Get answers to your questions about cancer misdiagnosis malpractice lawsuits from our medical malpractice attorneys.

How Is A Cancer Misdiagnosis Proven In Malpractice Cases?

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 Needed For A Cancer Misdiagnosis Malpractice Lawsuit?

Some examples of key evidence in a cancer misdiagnosis lawsuit include 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.

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.

To protect this right, the claimant must file their lawsuit within 2 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 4 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 compensate the claim as well, as they no longer face litigation if they do not.

What Kind Of Compensation Can I Expect 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 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 you 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 Have An Misdiagnosed Cancer Malpractice Case In Chicago, Illinois

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

If you are located in Chicago or the surrounding areas, contact our experienced medical malpractice attorneys today.