New Jersey Failure to Diagnose Cancer Lawyer
It’s hard to imagine worse news than a late-stage cancer diagnosis. You know that the prognosis isn’t good, and the battle won’t be easy. If there’s one thing worse than learning of your condition, it’s learning that you might have been spared all of this. There were signs far earlier that could have helped your doctor diagnose you early, when the cancer was still smaller and easier to treat – but your doctor ignored them.
Suing for misdiagnosis of cancer isn’t just an option – it’s your legal right, and often, the only way for your family to afford the steep cost of treating late-stage cancer.
You can have experienced New Jersey cancer misdiagnosis lawyers on your side at no upfront cost. Just call (856) 778-5500 today for your free case review.
Why Cancer Misdiagnosis Matters
Yet your doctor dismissed the symptoms or ignored the test results. In doing so, your physician committed medical malpractice.
When it comes to cancer, early detection and prompt treatment are crucial. Finding out you have the condition early on gives you a far better chance of survival. An early diagnosis can spare you the pain and expense of more invasive and extensive treatments.
Your doctor’s failure to diagnose cancer at the first signs of the condition wasn’t a simple mistake. It was a major error that could cost you your life.
If anything about your late-stage cancer diagnosis just doesn’t add up, you need to find out the truth. You need to know what has happened and what you can do about it.
As you suffer through this cancer battle, it won’t be easy. You and your family will need every bit of support available and every dollar of compensation you’re entitled to. That’s why cancer patients in situations like yours turn to Console & Hollawell’s NJ misdiagnosis lawyers for help.
Types of Failures to Diagnose Cancer
There isn’t just one way that the failure to diagnose cancer occurs. These grave errors can take the form of cancer misdiagnosis, missed diagnosis, and delayed diagnosis.
The misdiagnosis of cancer means that your doctor mistook your real condition – cancer – for something else. You may have received treatment, rehabilitative therapy, and medication for a condition you never had in the first place or one that was already under control. Meanwhile, your cancer went undetected and untreated – progressing to a more serious stage.
Any failure to diagnose cancer can have serious consequences, but misdiagnosis, in particular, can cause you harm. Once your doctor informs you that your symptoms result from one condition, you may stop looking for other answers. If your symptoms worsen or new ones appear, you might think that it’s only a matter of time before the treatment you’re already receiving begins to work.
Finally, the medications you’re taking won’t help you, since you don’t actually have the condition they’re supposed to treat. However, the side effects of these drugs could harm your overall health – or even help your cancer grow faster.
Missed Cancer Diagnosis
Unlike cancer misdiagnosis, a missed diagnosis of cancer means that your doctor didn’t observe the cancer at all. Instead of attributing your symptoms or test results to another condition, the doctor had no answers for you.
Maybe your doctor dismissed your complaints entirely. Perhaps the doctor was puzzled and told you your condition was a medical mystery when, in fact, there was a logical explanation after all.
In any case, what the doctor didn’t do was correctly diagnose you with cancer. That meant that you couldn’t begin treating the cancer. You couldn’t see an oncologist, start chemotherapy or radiation, or undergo surgery to remove the tumor. Your doctor essentially left you hanging, waiting for answers. All the while, your cancer continued to grow and spread.
Delayed Cancer Diagnosis
Whether your condition was misdiagnosed or just plain missed, you eventually did learn that you had cancer.
By that point, though, it was too late for early detection and early treatment. Whereas Stage 0 and Stage 1 cancer can often be treated easily – and in some cases, cured completely – your condition has now progressed. At more advanced stages, the treatments are more invasive. They’re likely to make you sicker. Survival rates are poorer.
A delayed diagnosis means just what it sounds like – that you received the diagnosis late. Sometimes a true cancer diagnosis is delayed because the condition has been misdiagnosed. Other times, the delay is due to doctors missing the diagnosis completely. When your doctor brushes off your concerns instead of listening, examining you, and ordering the right tests, it takes longer to get an accurate cancer diagnosis. Likewise, when doctors miss an abnormal test result that indicates cancer, you don’t get follow-up care or treatment promptly.
Our NJ failure to diagnose cancer lawyers have even witnessed one particularly heinous instance of medical negligence in which doctors noticed the cancerous mass that appeared on the patient’s X-ray, but never told him. Only five years later, when the man began showing symptoms, did he learn that he had cancer – but by then, the disease was too advanced.
For some patients, sadly, a delayed cancer diagnosis is a death sentence. Even a form of cancer that would have been easy to treat if detected early can reach a terminal stage when delayed long enough. When it takes additional years – or for some types of cancer, even just months – to get the right diagnosis, the patient is facing a far more difficult battle.
Incorrect Diagnosis of Cancer
Most often, terms like misdiagnosis and missed diagnosis are used when the patient has cancer, but that cancer goes undetected. But the reverse can also occur – and it, too, can have severe consequences.
Can I Sue If a Doctor Diagnosed Me With Cancer, But Was Wrong?
If a doctor mistakenly diagnosed you with cancer that you did not have, you may have suffered far more than the stress of a false alarm.
Some patients have undergone chemo, radiation, and other therapies, when in fact they never needed the treatment in the first place. That’s a big deal. While these treatments can save lives, they also put a great deal of strain on the body and can even increase the likelihood of developing cancer later on. Patients have even undergone surgeries that left them disfigured or resulted in some irreversible loss of function.
These patients underwent drastic treatments – treatments that made them sick – because the doctors they trusted told them it was their best or only option. But the patients later learned that the doctor was wrong. They’d never had cancer to begin with. And the very real damage to their health that resulted from the cancer treatments was for nothing.
When You Have the Right to Sue
If a doctor’s inaccurate diagnosis of cancer has caused you serious damage, you have legal rights, just as someone whose cancer diagnosis is missed would.
As much as you may be “lucky” to not actually have cancer, this mistake was far from harmless. You don’t feel very lucky when a doctor convinced you to undergo a mastectomy to treat the breast cancer you never had. Or when you suffer from urinary incontinence due to a prostate cancer surgery you didn’t need. This doctor’s mistake will affect you for a long time, perhaps for the rest of your life.
Patients in situations like yours can, and do, hold their doctors accountable through cancer misdiagnosis claims. Already, courts across the nation have awarded multimillion-dollar verdicts to patients who suffered through debilitating treatments for cancers they didn’t even have.
Your Right to Pursue a Cancer Misdiagnosis Case
Whether your doctor wrongly diagnosed you with cancer or missed, misdiagnosed, or delayed your cancer diagnosis, you suffered deeply as a result. You have every right to be upset and angry. You also have the right to do something about it.
A New Jersey failure to diagnose cancer attorney can make sure your doctor pays for these mistakes. In addition to making your negligent doctor face justice, we’ll get you compensation for the damage the error has caused. The cancer misdiagnosis payout our NJ cancer misdiagnosis lawyers get for you could help you afford life-saving treatment – or just get peace of mind that your family will be taken care of.
We know the last thing you need right now is more stress – so our New Jersey misdiagnosis attorneys will take care of everything. Call (856) 778-5500 today for quick and easy help with your failure to diagnose lawsuit.
Coping With Cancer Misdiagnosis
You’ve heard it over and over again: early detection matters. When your cancer isn’t diagnosed until it has reached an advanced stage, the odds are against you.
You can fight, but the battle will be painful. You’ll have to go through surgery, radiation, chemotherapy, and other treatments that devastate the body just to have a chance at killing the cancer.
The most important thing is that you find a doctor who you can trust, who can help you achieve the best life possible after a cancer diagnosis.
Finding a Doctor After a Misdiagnosis of Cancer
Naturally, you don’t want to leave your health in the hands of a physician whose negligence has already cost you your best chance of survival.
It can be hard to trust a new doctor, especially when your last doctor’s errors are what put you in this position. Feel free to get a second opinion (or third, or fourth…), and find a doctor who you feel comfortable with. If you like, take a loved one with you to the appointment for support. When possible, you should look for a doctor who specializes not only in cancer, but in the type of cancer you have.
Rather than talking about your potential cancer misdiagnosis lawsuit with this new doctor, focus instead on the future. Given what you know now about your cancer, which treatments offer you the best hope?
Make sure your doctor understands your goals. In the event that your cancer becomes too advanced to stop, are you more concerned about extending the time you have left, or about preserving your quality of life during that time? Are you a good candidate for any clinical trials or experimental studies?
Taking Care of Yourself While Battling Late-Stage Cancer
You don’t have to go through this alone. Surround yourself with family and friends. Choose a doctor who deserves your trust to manage your medical care. Let our NJ failure to diagnose cancer attorneys handle the legal aspects of your situation.
You just focus on the things that are most important. Stay positive when you can, but don’t be afraid to express your true feelings, whatever those feelings are. Make the best decisions you can for your overall health. Make the most of the valuable time you have – whether that’s weeks or decades.
Dealing With Loss Due to a Missed Diagnosis of Cancer
If you’re reading this as someone who has lost a loved one to misdiagnosed cancer, then you should know that you aren’t alone. Tragically, there are many cases where a missed cancer diagnosis led to death.
Accepting the loss is part of the grieving process – but how can you accept it when this death didn’t have to happen? If it wasn’t for your loved one’s negligent doctor, he or she would still be here with you.
Often, families of patients who lose their lives to terminal cancer are the ones who pursue cancer misdiagnosis cases.
Why? Several different reasons may motivate families to move forward with claims.
Your loved one’s passing doesn’t stop you from wanting answers. If anything, you want more than ever to know why this happened. You might feel that your family member’s doctor is hiding something – and filing a delayed cancer diagnosis lawsuit may be your only chance to get to the bottom of it. Rest assured that if a doctor or hospital is covering something up, our NJ missed cancer diagnosis attorneys will find out. Finally getting the answers you have been looking for can be an important step toward getting closure.
You may already know the truth – and it may make you more upset than ever. You can’t just let a negligent doctor get away with causing the death of your loved one. Because of this physician, your family’s life will never be the same. You’ll never get the chance to see, talk to, or hug your loved one again – and it’s all the doctor’s fault. It’s natural and normal to want justice, to want to know that this doctor won’t ever make the same mistake again. With the help of our NJ delayed cancer diagnosis attorneys, you can make sure this doctor pays for the mistake that cost your loved one’s life.
Needing financial help
Cancer care is expensive. The further the cancer has progressed, the more costly it is to treat. In fact, inpatient costs and oncology costs increase substantially when cancer patients reach the end of their lives, the Journal of Oncology Practice During the last six months alone, the average cost of treating cancer is a shocking $74,212.
Money may not be your biggest concern at a time like this, but the reality is that most families can’t afford this expense. While money can’t ease your grief, it can ease your worries about paying the outstanding medical bills and keeping your family afloat financially. The misdiagnosis of cancer compensation you receive from a lawsuit can make up for the lost income, if the loved one who has passed was a financial provider for the family.
There’s no one reason that families choose to pursue failure to diagnose cancer cases after losing a loved one to misdiagnosed cancer. Often, it’s a combination of factors. Whatever your reason for wanting to move forward with a claim, it’s important that you look for a New Jersey missed cancer diagnosis lawyer with experience handling these complex cases. Your family only has one chance to hold the doctor accountable – so you can’t afford to choose the wrong attorney.
Failure to Diagnose Cancer and Medical Malpractice
Not every case of late-stage or terminal cancer is a doctor’s fault. Some cancers are rare and difficult to test for and to diagnose. Certain cancers produce very few symptoms until they reach advanced stages. Patients sometimes ignore symptoms without realizing that they could indicate something serious. If doctors aren’t aware of the symptoms or the risk factors, they can do little to test for them. Some cancers, too, are difficult to treat.
A doctor may do everything right based on the knowledge that he or she has – but the patient may still develop an advanced stage of cancer and ultimately die.
So how do you know if your family has a missed cancer diagnosis lawsuit?
To have a medical malpractice claim, you need to show that the doctor strayed from what the legal industry calls the “standard of care.” This means the standard that the larger medical community – doctors as a whole – consider appropriate.
When it comes to diagnosing cancer, the medical community agrees that certain symptoms and risk factors should prompt doctors to order certain tests. The medical community uses certain standards to diagnose cancer and to determine its type and stage.
Doctors who fail to do these things are deviating from the standard of care – and they are the ones who commit medical malpractice.
Who Fails to Diagnose Cancer?
Unfortunately, many different kinds of doctors can be involved in the misdiagnosis of cancer. Often, general practitioners (GPs) and primary care physicians (PCPs) miss early signs of cancers. There are far too many stories of GPs who failed to diagnose cancer, delaying their patients’ treatment by months or years.
Emergency room doctors have missed cancer diagnoses, too. When a doctor has misdiagnosed cancer in the emergency department, it often occurs due to the physician ignoring or downplaying symptoms.
Radiologists and other physicians can misread test results. Even the pathologists who analyze samples in medical laboratories make mistakes – too many mistakes, ABC News reported. These mistakes are most common when the pathologist reviewing the biopsied sample doesn’t specialize in the type of cancer the patient has.
Sometimes you don’t know for sure which medical provider made the mistake. That’s why NJ delayed cancer diagnosis lawyers get their clients’ medical records reviewed by respected medical experts. These doctors are qualified to say if the physician strayed from the standard of care. If there’s any evidence of medical malpractice in your medical records – no matter where it is – our New Jersey failure to diagnose cancer lawyers will uncover it.
Misdiagnosis of Cancer Statistics
The cancer misdiagnosis rate is alarmingly high. As a whole, misdiagnoses are common. Around 12,000,000 Americans – one in 20 adult patients – are misdiagnosed, according to CBS News. The precise misdiagnosis of cancer statistics vary from one type of cancer to another. However, misdiagnosis rates for certain types of cancer are as high as 44 percent, the Seattle Times reported.
What Kinds of Cancer Go Misdiagnosed?
Doctors can miss or misdiagnose just about any kind of cancer. Some cancers are more commonly misdiagnosed, or their misdiagnosis is more likely to provide the grounds for a medical malpractice claim. In our NJ missed cancer diagnosis lawyers’ experience, the following are among the most misdiagnosed forms of cancer.
Misdiagnosis of Lung Cancer
The failure to diagnose lung cancer is common and, unfortunately, often deadly. As the second most common form of cancer among both men and women in the United States, lung cancer affects hundreds of thousands of patients per year.
Doctors often mistake signs of lung cancer for symptoms of tuberculosis, asthma, pneumonia, COPD, or bronchitis. Any delay in detecting and treating lung cancer can be devastating. When caught at stage 0, the survival rate for lung cancer is a positive 60 to 80 percent. If that cancer progresses to stage IV, that survival rate plunges to just one percent. A missed diagnosis of lung cancer could very well cost the patient’s life.
Failure to Diagnose Breast Cancer Cases
Breast cancer misdiagnosis stories are some of the most common cancer misdiagnosis stories you encounter. In fact, delayed breast cancer diagnosis is “the most frequent reason for lawsuits against doctors,” according to the National Association of Science Writers.
It’s no wonder that breast cancer misdiagnosis settlements are so common. A missed diagnosis of breast cancer can allow the condition to progress from stage 0 or stage I, for which the survival rate is nearly 100 percent, to stage IV, where the survival rate is just 22 percent. If you think the delay gave your cancer the time to progress to a more advanced stage, then you should move forward with a breast cancer misdiagnosis lawsuit.
Missed Diagnosis Colon Cancer
Colon cancer is among the most commonly missed cancers. The failure to diagnose colon cancer has serious consequences. At stage I, colon cancer patients have a high survival rate of 92 percent, according to the American Cancer Society. Stage IV colon cancer has a survival rate of just 11 percent. If you suspect the misdiagnosis of rectal, bowel, or colon cancer has made your condition worse, you should speak with a New Jersey misdiagnosis lawyer right away.
Misdiagnosis of Gynecological Cancers
Like other forms of cancer, gynecological cancers – including ovarian, uterine, cervical, vaginal, and vulvar cancers – have the best prognosis when detected early. It’s worth speaking with a New Jersey cancer misdiagnosis attorney if you suspect:
- Misdiagnosis of cervical cancer
- Failure to diagnose ovarian cancer
- Misdiagnosis of uterine cancer
- Misdiagnosis of vulvar cancer
While our NJ misdiagnosis attorneys encounter certain types of delayed cancer diagnosis claims more often than others, there are many kinds of cancers that a doctor could miss. You might have the grounds for a medical malpractice claim if your case involved:
- Misdiagnosis of bone cancer
- Failure to diagnose bladder cancer
- Misdiagnosis of brain cancer
- Failure to diagnose oral cancer, including the misdiagnosis of tongue cancer, tonsil cancer, and throat cancer
- Misdiagnosis of bile duct cancer
- Missed diagnosis of endometrial cancer
- Misdiagnosis of bladder cancer
- Failure to diagnose kidney cancer or renal cancer
- Misdiagnosis of liver cancer
- Missed diagnosis of pancreatic cancer
- Misdiagnosis of prostate cancer
- Failure to diagnose stomach cancer
- Misdiagnosis of thyroid cancer
- Failure to diagnose skin cancer
- Misdiagnosis of testicular cancer
How Do You Know If You Have a Cancer Misdiagnosis Claim?
You should consider speaking to a lawyer about a potential failure to diagnose lawsuit if:
You have been diagnosed with late-stage cancer.
Even if your doctor did miss your cancer at first, if it remains at an easily treatable stage 0 or stage I, then (fortunately) the harm that has resulted is minimal. If, however, your cancer has advanced to a later stage, you will face a more difficult battle – and that’s when you need a New Jersey delayed cancer diagnosis attorney.
Your condition doesn’t have to be stage IV or terminal for you to have a case. However, you must show that the delay has made things worse.
You saw a doctor for symptoms or treatment related to the cancer.
Perhaps you went to a doctor with cancer symptoms, and the doctor ignored or misdiagnosed them. This detail is important. It shows that the doctor had the opportunity to diagnose the cancer accurately but failed to do so. If you never saw your doctor for the symptoms you experienced, then it’s difficult to argue that he or she did anything wrong by not detecting your cancer.
Even if you didn’t have any early symptoms, your doctor still may have made a mistake. Our New Jersey cancer misdiagnosis attorneys handled one case in which an X-ray scan taken at an emergency room for an unrelated injury showed a cancerous mass, but the cancer still went undiagnosed and so the patient went untreated. If any test results indicated cancer and your doctor didn’t follow up, you may have the grounds for a cancer misdiagnosis case – even if you didn’t have any symptoms.
A doctor may even be accountable if he or she failed to order the appropriate preventive cancer screenings based on your risk factors such as age and family history and the cancer went undetected as a result.
Failure to Diagnose Cancer Settlements
What kind of cancer misdiagnosis compensation amount might you be able to expect? What can you sue for?
How much missed cancer diagnosis compensation you’re entitled to depends on the harm you have suffered. New Jersey missed cancer diagnosis attorneys call refer to this harm as “damages.” You damages can be economic, associated with a specific dollar amount, or they can be non-economic.
When the cancer your doctor missed has progressed to an advanced stage, you clearly have damages. For some patients, there’s a greatly reduced chance of survival. Others may beat the cancer, but undergo far more extensive and invasive procedures to do so. This is costly, painful, and sometimes permanently disfiguring. Due to these intensive treatments, you may be sicker and miss more time from work or have a lower quality of life.
Your family deserves a cancer misdiagnosis settlement that takes all of these damages into account – and it shouldn’t cost you a fortune to get compensation.
No-Win, No-Fee New Jersey Failure to Diagnose Cancer Lawyers
When you’re facing a tough cancer battle and all of the emotional turmoil and financial hardships that go along with it, the last thing you need is something more to worry about. You’re in pain, upset, and worried about the future. How will you manage to pay the bills? How will you take care of your family when you can’t even take care of yourself?
As great as it sounds to have a lawyer on your side, to get the misdiagnosis of cancer compensation you deserve, you can’t afford another expense or another source of stress in your life right now.
At Console & Hollawell, our NJ cancer misdiagnosis attorneys have years of experience working with families in situations just like yours. We know that you deserve justice, but that you can’t afford astronomical attorneys’ fees.
We believe nothing should stand in the way of getting the failure to diagnose cancer settlement you deserve. That’s why we make every client our No Fee Promise. When we handle your case, we cover every upfront cost. You owe nothing unless and until we win money for you. Even then, you’ll pay only a percentage of what we actually get for you. With our 97 percent success rate, you can feel confident in our ability to get you every dollar you deserve.
A cancer battle is difficult. Getting help for a missed cancer diagnosis should be easy. Just call (856) 778-5500, and we will start investigating your case TODAY at no upfront cost.