Skin Cancer Misdiagnosis Lawyer in Chicago
A cancer diagnosis will touch nearly everyone in some shape or form within their lifetime. Whether it is you, a friend, or a family member who is affected, receiving a diagnosis is never easy. Unfortunately, cancer misdiagnoses are far too common and can have devastating consequences.
If you or someone you love was misdiagnosed, it’s crucial to seek the guidance of an experienced medical malpractice attorney. A Chicago cancer misdiagnosis lawyer from Salvi, Schostok & Pritchard P.C. can assist you during this critical time, helping you pursue justice and hold the responsible parties accountable. Call us today for a free case consultation.
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How Can a Cancer Misdiagnosis Lawyer Help Me?
By consulting with a cancer misdiagnosis lawyer in Chicago after discovering the error, you can be confident your case will be appropriately handled, allowing you to focus on your treatment and recovery. Your attorney will determine whether you have a claim for compensation related to your doctor’s negligence in misdiagnosing your cancer.
A cancer misdiagnosis attorney can:
- Review the facts and circumstances of your case
- Obtain medical records and other evidence
- Assess potential liability
- Handle the legal process for you
- File a lawsuit related to your cancer misdiagnosis, if necessary
Contact our cancer misdiagnosis attorneys in Chicago today to learn more about how we can help.
How Often Do Cancer Misdiagnoses Happen?
Missed cancer diagnoses are unfortunately common, with approximately 11% of all cancers being misdiagnosed. This statistic demonstrates that despite the knowledge and expertise of doctors today, the possibility of human error persists, which can have life-altering effects on patients and their families.
A recent study published in the National Library of Medicine found that missed cancer diagnoses accounted for 46 percent of primary care diagnostic errors in the reviewed cases. Despite this staggering figure, very little funding is allocated to diagnostic errors.
If you or a loved one is facing a late-stage cancer diagnosis because your cancer was misdiagnosed initially, you need an experienced cancer medical misdiagnosis lawyer on your side.
What Are the Most Common Cancers That Are Misdiagnosed?
Our attorneys frequently handle cases involving the following types of cancer misdiagnoses in Illinois:
- Lung cancer – Lung cancer is the second most common cancer in the United States and the most deadly form of cancer, according to the Cleveland Clinic. A misdiagnosis can be fatal.
- Pancreatic cancer – Pancreatic cancer is often misdiagnosed because of its vague symptoms, which can be confused with other conditions such as gallbladder disease or irritable bowel syndrome (IBS).
- Breast cancer – If the doctor lacks specialization in breast cancer, the risk of misdiagnosis or a delayed diagnosis is significant.
- Colorectal cancer – Much like pancreatic cancer, the varying nature of colon cancer symptoms contributes to the risk of misdiagnosis. Before receiving a colon cancer diagnosis, patients may receive diagnoses for IBS, colitis, or diverticulitis.
- Cervical cancer – False negatives in pap smears are often to blame for misdiagnoses of cervical cancer. The test or the doctor’s negligence in interpreting the results can result in a false negative.
- Oral Cancer – Doctors might misdiagnose oral cancer because its early symptoms often resemble those of less serious conditions, like cold sores.
Why Cancer Misdiagnoses Happen
Despite advancements in cancer research and testing, it’s still possible for doctors to make careless mistakes. Common reasons for cancer misdiagnoses include:
- Failure to diagnose – A doctor can fail to diagnose a patient’s cancer when they do not recognize cancer symptoms in their early stages.
- Wrong diagnosis – A doctor can misdiagnose cancer by diagnosing the patient with the wrong type of cancer or a different disease altogether. This is a critical error because the prescribed treatment plan will not be appropriate for the patient’s condition.
- False positive – Sometimes, a doctor can misdiagnose cancer by diagnosing the patient with cancer that the patient does not have. Treatment can have devastating consequences since there is no cancer to treat.
- Delayed diagnosis – If the doctor doesn’t diagnose cancer promptly, that’s also a form of misdiagnosis. The delay in treatment could result in serious consequences to the patient and may even be fatal.
- Faulty equipment – Sometimes, the medical equipment that doctors and other healthcare providers use is outdated, not calibrated correctly, or faulty, leading to misdiagnoses.
Whether your delayed cancer diagnosis or misdiagnosis was due to human error, test misinterpretation, or another cause, this mistake can make the difference between life and death or a speedy recovery or a prolonged one. An experienced medical malpractice attorney from Salvi, Schostok & Pritchard P.C. can investigate your situation to determine if you have legal recourse against a negligent medical provider.
How Can Negligence Lead to a Misdiagnosis of Cancer?
The treating doctor’s negligence is established by comparing their actions or inactions to the standard of reasonable care in that field. In other words, would a doctor of similar qualifications, experience, and specialization have acted in the same or similar way or reached the same or similar conclusion? For example, medical negligence might be established when the treating doctor:
- Fails to obtain an accurate and complete medical history from the patient
- Ignores certain patient complaints or reported symptoms
- Fails to recognize symptoms consistent with the presence of cancer
- Orders the wrong tests or labs
- Misinterprets test results
- Rules out cancer because of the patient’s age
How Does Failure to Diagnose Cancer Affect Patients?
Cancer misdiagnoses can have life-threatening consequences. Since patients who receive an early-stage diagnosis have a higher survival rate, early detection and an accurate diagnosis are crucial. Failure to timely diagnose cancer may mean the cancer will spread, which decreases the patient’s chance of survival. For example, the American Cancer Society reports that the five-year survival rate for breast cancer patients is greater than 99% when it is detected early, but only 32% when it is caught at an advanced stage. Similarly, the survival rate for localized prostate cancer is greater than 99% but only 37% when it is distant. Tragically, failing to properly diagnose cancer means the patient’s life may be cut short.
Failure to diagnose cancer can also affect what treatment the patient may receive. For example, the patient could be required to undergo a painful and costly course of treatment instead of a less invasive treatment plan that could have been used if the cancer had been detected early.
Additionally, a failure to diagnose or a delayed diagnosis of cancer can cause an undue emotional toll on families. They may worry about their loved one’s survival. They may also take on the role of caregivers, sacrificing their own lives to help their loved ones.
Delayed diagnosis can also result in financial distress due to higher treatment costs, which can easily run into hundreds of thousands of dollars.
Who Can Be Held Liable for Cancer Misdiagnoses?
You may be able to file a claim against the doctor or any other party that shares responsibility for the cancer misdiagnosis. This may include a nurse or pathologist who reviewed test results. In addition to these individuals, your medical malpractice lawyer will advise you whether the company or hospital that employs the medical professional should be named in your cancer misdiagnosis lawsuit.
Call a Cancer Misdiagnosis Attorney in Chicago Today
A cancer misdiagnosis can be complex and confusing. If you believe a medical professional was responsible for your or your loved one’s cancer misdiagnosis, you need a knowledgeable and experienced cancer misdiagnosis attorney from Salvi, Schostok & Pritchard P.C. Contact us today begin your free consultation.
FAQ
How do I prove a cancer misdiagnosis claim in Illinois?
A misdiagnosis of cancer is a type of medical malpractice case. As such, you must show that another doctor in the same specialty area likely would have provided a timely diagnosis, given the same information. Expert witnesses must testify as to the accepted standard of care to help prove that your or a loved one’s late cancer diagnosis could have been avoided.
Cases involving cancer misdiagnosis are incredibly complex. The best way to prove a medical malpractice claim based on a doctor’s failure to provide a timely diagnosis is to work with an attorney who has experience with these types of cases. At Salvi, Schostok & Pritchard P.C., we have extensive experience handling medical malpractice cases, having successfully recovered verdicts and settlements of $75 million, $50.3 million, and $40 million.
What compensation can I receive for a cancer misdiagnosis?
If the lack of a proper diagnosis led to you not being able to receive timely treatment or an advanced stage of cancer, our experienced team can identify and pursue compensation for the full extent of your damages, including economic and non-economic damages such as:
- Additional medical expenses you incurred due to the delayed diagnosis, such as additional medical bills, chemotherapy, radiation therapy, and rehabilitation expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional anguish
- Mental distress
- Reduced quality of life
If you have suffered harm due to a medical mistake, reach out to our Chicago medical malpractice and personal injury law firm for legal assistance. We can discuss your legal options during a free initial consultation.
How long do I have to file a cancer misdiagnosis lawsuit in Illinois?
An injured patient in Illinois must generally file a medical malpractice lawsuit within two years of the date the medical error occurred. However, in the case of delayed diagnoses, the discovery rule may apply, which provides that the time for this limitations period does not begin until the patient could have reasonably discovered the mistake. Still, Illinois’ four-year statute of repose may require that any legal action be brought within four years of when the negligence occurred. These timelines can be complicated, so it’s best to work with an experienced attorney who understands them and can take timely legal action on your behalf.
