Cancer is a devastating disease even when it’s diagnosed early. However, a delayed diagnosis can cause you to needlessly suffer through worsening symptoms. If your cancer is not diagnosed until it’s very advanced, it may be fatal.
When a healthcare provider fails to diagnose cancer, delays a diagnosis due to negligence, or misdiagnoses it as a less serious condition, you may be able to seek compensation through a medical malpractice claim. The Chicago cancer misdiagnosis lawyers at Power Rogers are ready to help you seek justice and compensation for cancer misdiagnosis.
Why Should I Contact a Cancer Misdiagnosis Lawyer at Power Rogers?
‘Failure to diagnose cancer’ cases are exceedingly complex and are best handled by experienced cancer malpractice attorneys. At Power Rogers, our firm has recovered millions of dollars for victims of cancer-related malpractice, including diagnostic errors and failures to treat. As a U.S. News – Best Lawyers “Best Law Firms” rated malpractice firm, we understand how sensitive your case is and how to hold negligent physicians, specialists, and medical professionals accountable for what happened to you. Our record of success speaks for itself:
- Over $5 billion in compensation recovered for clients; $900 million more than our closest competitor since 2000.
- Record verdicts and settlements, including the largest medical malpractice verdict in Illinois history ($55 million), the largest medical malpractice settlement in Cook County in 2016 ($47.6 million), and the largest birth injury settlement in Illinois ($35 million).
Named No. 1 Plaintiff’s Law Firm in most dollars earned 11 years in a row by Chicago Lawyer’s Annual Settlement Survey.
Understanding Cancer Misdiagnosis and Delayed Diagnosis
Both misdiagnosis and delayed diagnosis of cancer can have devastating consequences, including tragic fatalities. However, the two situations differ in key ways.
What Is Cancer Misdiagnosis?
Cancer misdiagnosis happens when a medical professional mistakenly diagnoses your cancer as another condition. In such cases, you don’t have the opportunity to get proper and timely care for your cancer. Due to the delay in treatment, the cancer may worsen to the point that you cannot recover.
There are some common reasons for cancer misdiagnosis:
- The doctor fails to order proper tests
- The doctor is not familiar enough with cancer to make the diagnosis
- The doctor misinterprets test results
- The doctor neglects to refer you to a specialist when you have symptoms that suggest cancer
It’s important to note that a cancer misdiagnosis is not automatically malpractice. If the doctor failed to deliver an adequate standard of care and you suffered substantial harm because of the misdiagnosis, you might have a viable malpractice case. A cancer misdiagnosis attorney can detect potential red flags in your treatment and advise you on the best course of action.
Delayed Cancer Diagnosis
In some cases, your healthcare provider may simply fail to diagnose your cancer in a timely manner. Cancer diagnosis isn’t necessarily quick, but if your doctor does not diagnose your cancer when a reasonable, competent provider should have, you might have grounds for a malpractice lawsuit.
The real tragedy of delayed diagnosis is that the longer your cancer goes untreated, the more likely it is to be fatal. Some research indicates that even a four-week delay in cancer diagnosis can increase your risk of death by 13%.
Can You Sue for Misdiagnosis of Cancer?
You can sue for cancer misdiagnosis. However, in order to win the case, you must be able to prove that the doctor was negligent and you suffered harm due to the diagnosis. An experienced Chicago cancer misdiagnosis attorney can evaluate your case and tell you whether pursuing a malpractice claim is wise.
Types of Cancer Misdiagnosis Cases We Handle
At Power Rogers, we represent clients with all types of cancer misdiagnosis. However, some cancers tend to be misdiagnosed more often than others. These are some misdiagnoses we frequently see in Chicago:
Breast Cancer Misdiagnosis
Breast cancer is one of the most talked-about cancers and yet, it can still be misdiagnosed. Breast cancer misdiagnosis is especially dangerous in metastatic breast cancer (sometimes called stage IV breast cancer), when cancer spreads to other areas of the body.
Lung Cancer Misdiagnosis
Lung cancer is cancer that forms in tissues of the lung and is a leading cause of death in all genders. It is also commonly misdiagnosed largely because many patients show no symptoms until the cancer is in advanced stages.
Prostate Cancer Misdiagnosis
Prostate cancer occurs in the prostate and is one of the most common types of cancer. However, it is also frequently diagnosed late. Like lung cancer, it often does not have obvious symptoms until it’s in fairly advanced stages. When detected early, prostate cancer when confined to the prostate gland has the best chance for treatment success.
Colorectal Cancer Misdiagnosis
Colorectal cancer, also known as color or rectal cancer, is among the most misdiagnosed cancers because the symptoms are similar to many digestive issues. Many people with colorectal cancer are mistakenly diagnosed with diverticulitis. Most colorectal cancers start as polyps on the inner lining of the colon or rectum. While most polyps are benign, some can change into cancer over time.
Common Examples of Negligence in Cancer Diagnosis
Negligence is a critical part of any malpractice case. But what does negligence look like in this context? One of the most obvious examples of negligent cancer misdiagnosis is failing to recognize cancer symptoms.
If you have no symptoms, you can’t reasonably expect your doctor to know you have cancer. However, if you present clear symptoms of cancer and your doctor disregards them, then such a doctor may be considered negligent.
Other examples of negligence are failing to order necessary medical tests as well as misreading lab results. Not all providers have the expertise needed to diagnose cancer, but a competent doctor knows when to refer patients to specialists for further testing.
When Is a Missed Cancer Diagnosis Considered Malpractice?
Not every medical mistake is malpractice. In order for a medical professional to be considered negligent, they must fail to meet the appropriate standard of care. In medicine, the “standard of care” is the level of care that a qualified and reasonable healthcare professional would offer.
For cancer diagnosis, the standard of care generally involves steps like:
- Conducting screenings for common cancers
- Obtaining a family medical history (including cancer history)
- Conducting appropriate blood tests or imaging tests when cancer is suspected
- Doing a biopsy if a tumor is found
If you aren’t a medical malpractice attorney or someone in the medical field, it can be challenging to tell whether your doctor has met the relevant standard of care or not. At Power Rogers, our cancer misdiagnosis attorneys know how to look closely at your situation and help you determine whether you have a strong malpractice case.
How Can Negligence Lead to a Delayed Cancer Diagnosis?
Substandard care can take many forms. In the context of cancer misdiagnoses, common examples of negligence include:
- Failures to adequately assess potential signs, symptoms, and risk factors of cancer
- Failures to order necessary diagnostic tests, including blood tests, biopsies, or mammograms
- Failures to correctly read or interpret imaging tests or lab results
- Failures to follow up with abnormal test results or refer patients to specialists
If your doctor commits any of the errors above, your cancer will likely go undetected, at least for a time.
Do you suspect a doctor’s substandard care may be the underlying cause of a delayed diagnosis?
In such cases, it is wise to gather as much information as possible about the providers, the dates of doctor visits and tests performed, and your medical records. A cancer misdiagnosis lawyer can help explain what type of evidence you need and how to collect them.
Filing a Cancer Misdiagnosis Lawsuit
Unless you’re already familiar with the legal system, you might be unsure of how the cancer misdiagnosis lawsuit process goes. Here’s a brief overview:
Step 1: Initial Consultation With a Cancer Misdiagnosis Lawyer
In your first consultation with a medical malpractice lawyer, you should ideally bring your medical records and any other evidence you think may be helpful. Your lawyer will evaluate your case to determine whether your doctor acted negligently and if that negligence caused you or your loved ones harm.
Step 2: Collecting Evidence for Your Case
If a cancer misdiagnosis lawyer takes your case, they will immediately start gathering evidence. That may include medical records, expert opinions, diagnostic tests, and other relevant documentation. They will supplement the evidence collected with applicable laws, policies, legal precedents, and more in order to strengthen your claim.
Step 3: Filing the Lawsuit
Your attorney will file a cancer misdiagnosis lawsuit with the court of appropriate jurisdiction and venue. A copy of the complaint is then delivered to the defendant (for example, the at-fault doctor). The Illinois medical malpractice statute of limitations is generally two years, with some exceptions. In a misdiagnosis case, that means two years from the date you knew or should have learned of the harm, i.e. the day you were diagnosed with cancer.
Step 4: Settlement vs. Trial
As with most civil claims, cancer misdiagnosis cases usually settle out of court. In the settlement process, your lawyer presents your claim and argues why you deserve the compensation claimed for medical negligence. If both parties can agree on a sum, the insurance company pays you such settlement amount, and the lawsuit is considered resolved.
In instances where you can’t reach a settlement, the case will go to trial. Both sides present evidence, including medical records, expert testimony, and witness statements, to persuade a judge or jury whether the healthcare provider(s) deviated from the standard of care and thereby caused you harm. If the provider(s) is found liable, the court will order them to pay you a certain amount of compensation.
Cancer Misdiagnosis Lawsuits: Types of Compensation Awarded
Cancer misdiagnosis compensation is typically divided into two categories:
- Economic Damages: Compensation for quantifiable losses like lost income and medical expenses
- Non-Economic Damages: Compensation for non-quantifiable losses like pain and suffering
The degree of negligence of the healthcare provider, the long-term consequences of the misdiagnosis, and the impact on your health are some of the main factors that influence the total amount of compensation. An experienced cancer misdiagnosis attorney understands how to negotiate for the maximum possible amount of compensatory damages so you or your loved one may have access to the best care possible.
How to Choose the Right Cancer Misdiagnosis Lawyer
In medical malpractice cases, the right attorney can make all the difference between a satisfactory settlement and walking away with nothing. Here are a few things to look for when choosing a Chicago cancer misdiagnosis lawyer:
Experience Handling Cancer Malpractice Cases
Cases involving failure to diagnose cancer are incredibly complex. You need a lawyer who understands the ins and outs of cancer misdiagnosis claims and how these affect patients in their day-to-day lives.
Track Record of Successful Settlements
There’s no average payout for cancer misdiagnosis — settlements vary widely. A skilled and knowledgeable cancer misdiagnosis attorney is more likely to be able to get you the compensation you deserve.
Reviews and Client Testimonials
You need an attorney who will fight for you and treat you with kindness and respect. Before you make a choice, always look to see what other clients have said about the attorney or the law firm.
Cancer Misdiagnosis Lawyer: FAQs
What Is the Statute of Limitations In Cancer Misdiagnosis Cases?
In Illinois, the statute of limitations in medical malpractice cases is usually two years from the date of injury. In the case of a delayed or missed diagnosis, that typically means two years from the date your cancer was diagnosed. There are a few exceptions to this timeline, so please consult an attorney for specific advice.
How Long Does It Take to Settle a Cancer Misdiagnosis Lawsuit?
The amount of time it takes to settle a cancer misdiagnosis lawsuit depends on case complexity and whether you go to trial. Some cases that settle out of court and are relatively uncomplicated can be resolved in several months. Complex cancer misdiagnosis cases, however, may even take a few years.
How Much Compensation Can I Expect From a Cancer Misdiagnosis Lawsuit?
Cancer misdiagnosis compensation can vary based on several factors. The cost of your medical bills, the long-term impact on your health, the amount of income you lost, and the emotional stress of the ordeal all influence the total settlement or verdict you receive for cancer misdiagnosis.
Cancer Misdiagnosis Cases: Power Rogers Success Stories
If you or a loved one has been the victim of a cancer misdiagnosis, you’re not alone. At Power Rogers, we fight for justice for our clients, and our tenacity often gets results. Here are some of our successful cases and how we’ve helped clients recover the compensation they deserve:
$6.5 Million Recovery for Lung Cancer Misdiagnosis
A 40-year-old man tragically passed away from non-small cell lung cancer. Two and a half years prior, a CT scan showed a cavitary lesion in the left lung as an incidental finding. A year later, another CT scan identified “interval resolution” of the cavitary lesion. In a lawsuit brought by the family, Power Rogers contended this second interpretation was professionally negligent and that in reality, the lesion was larger and more solid in composition as compared to the year prior.
$3.5 Million Settlement for Delayed Diagnosis of Prostate Cancer
Our firm helped secure a settlement in a case involving the delayed diagnosis of prostate cancer in a 61-year-old male whose colonoscopy identified a possibly palpable nodule. A primary care physician reviewed the report but did not order further workup, whether by urologic consultation or PSA testing. Approximately one year later, the primary care physician did order a PSA and urologic consult, which revealed abnormalities, prostate cancer, and lymph node involvement.
Call Our Chicago Cancer Misdiagnosis Lawyers for a Free Consultation
Delays in the diagnosis and treatment of cancers can have devastating consequences. If your diagnosis was missed or delayed because of a healthcare practitioner’s negligence, that practitioner should be held responsible. Power Rogers has decades of experience fighting for victims of medical negligence in Chicago and is available to discuss your potential cancer case and how we can help. Contact us online to request a free case review.
