what kind of lawyer represents misdiagnosed cancer

by Foster Hill 8 min read

If your doctor failed to detect or correctly diagnose your cancer, you can turn to medical malpractice attorney Brent Wieand for compassionate, personalized legal support. To get a free and completely confidential assessment of your case from a Philadelphia medical malpractice lawyer, call Brent at (888) 789-3161.

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What is a misdiagnosis of cancer?

Delayed Cancer Diagnosis is an extension of Wieand Law Firm LLC who represents victims in New Jersey & Pennsylvania. We are known for our skill in seeking maximum compensation and for the compassionate manner in which we help our clients restore their lives after devastating injuries.

Can colorectal cancer be misdiagnosed?

Apr 02, 2020 · Commonly Misdiagnosed Cancers - The Law Firm of Jonathan C. Reiter Commonly Misdiagnosed Cancers Cancer is a leading cause of death in every country in the world. As devastating as a cancer diagnosis can be, experiencing a delay in treatment due to a cancer misdiagnosis makes things worse.

What types of cancer are considered malpractice?

To explore a relationship with Harte Law, located in Richmond Hill, Ontario and serving clients nationwide, schedule a free consultation with one of our experienced team of medical malpractice professionals. Call us at 289-695-2450 or fill out our online contact form for a free case evaluation. Back toMisdiagnosis

Are You Afraid of a cancer diagnosis?

The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates represent individuals who have suffered because of a missed or delayed diagnosis of cancer, or misdiagnosis of cancer when the disease was not actually present. Call us or fill out a contact form to schedule a free consultation with one of our medical malpractice attorneys today.

Can you sue for misdiagnosis of cancer?

Because many cancers are much easier to cure when they are detected early, a cancer misdiagnosis may result in delayed treatment, causing serious injury or death. Individuals harmed by a cancer misdiagnosis can sue for medical malpractice and seek damages for medical expenses, lost income, and pain and suffering.May 28, 2021

What happens if you are misdiagnosed with cancer?

Cancer misdiagnosis can have devastating results for the patient. In cases where cancer is not identified or mistaken for another disease, patients may miss a critical window for treatment. As a result, the patient may experience severe worsening of their condition or death.

Can you get a false cancer diagnosis?

When you are wrongly diagnosed with cancer, it's because some diagnostic test produced a false positive result. This is a result that showed you had cancer, when in fact, you did not. False positives can happen due to the limitations of screening tests as well as human error on the part of healthcare professionals.Mar 25, 2021

What is it called when a doctor misdiagnosed?

Yes, you can sue when a doctor gets your illness or injury wrong. This is called "misdiagnosis" and is part of the legal field called medical malpractice. The umbrella to this legal area is personal injury law. Personal injury cases are civil cases, not criminal cases.Apr 22, 2020

How often is a cancer diagnosis wrong?

A 2013 study from Best Doctors and the National Coalition on Health Care found a survey of more than 400 doctors and pathologist believed cancer misdiagnosis rates to be somewhere between 0 and 10 percent. The BMJ Quality and Safety journal puts that figure much higher at 28 percent.May 30, 2021

What percentage of cancer patients are misdiagnosed?

It is estimated that approximately 10 to 20 percent of all cases of cancer are misdiagnosed. One study found that about 28 percent of the mistakes made out of 583 cases were life threatening or life altering.

Can cancer be mistaken for something else?

Even the symptoms that patients do experience often get misdiagnosed as something else. Doctors who misdiagnosed cancer may mistake shortness of breath from lung cancer for asthma or COPD. They may confuse the chronic cough that lung cancer causes with pneumonia or bronchitis.Mar 25, 2021

Can metastatic cancer be misdiagnosed?

There are many ways that metastatic cancer may be misdiagnosed, including but not limited to: Poor communication between doctors. In the case of a cancer diagnosis, the patient's general practitioner will likely work with other specialists during treatment such as radiologists, surgeons or pathologists.

What can mimic cancer?

An infection or abscess is perhaps the most common cause behind a mass that is mistaken for a tumor. In addition, cysts may arise from inflamed joints or tendons as a result of injury or degeneration. Inflammatory conditions, such as rheumatoid arthritis, can also result in soft tissue masses.

How do you prove misdiagnosis?

A patient trying to prove misdiagnosis must show that a doctor in the same or similar specialty would not have misdiagnosed the illness or injury. The plaintiff will have to show that the doctor did not include the correct diagnosis on the list and that a competent doctor would have included it.Oct 18, 2021

Is misdiagnosis a negligence?

A misdiagnosis or delayed diagnosis itself is not evidence of negligence. Skillful doctors can and do make diagnostic errors even when using reasonable care. The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis.

What is an example of misdiagnosis?

Examples of misdiagnosis include a nursing mother with inflammatory breast cancer being told that she has mastitis, and being given antibiotics; a young stroke patient being diagnosed with migraine, vertigo, or alcohol intoxication; or an elderly patient who is having a heart attack being sent home from the emergency ...Aug 26, 2019

What are the Contingent Fees in a New York Medical Malpractice Case?

New York's Judiciary Law Section 474-A provides that in a medical malpractice case the attorney's fee is 30% of the first $250,000 of the "net sum"...

Is an Expert Required in Order to File a Complain in a New York Medical Malpractice Case?

Yes. Pursuant to New York Civil Practice Law and Rules section 3012-A, a certificate of merit must accompany the complaint which states that the at...

What is a Notice of Medical Malpractice in New York?

Pursuant to section 3406 of the NY Civil Practice Law and Rules, the notice of medical malpractice action is a mandatory form that must be filled b...

What is the statute of limitations for a medical malpractice case in New York?

Answer: Pursuant to section 214-a of the NY Civil Practice Law and Rules, the basic medical malpractice statute of limitations is 2 and ½ years fro...

What is the statute of limitations for medical malpractice by New York City Health and Hospitals Cor...

Answer: There are special rules applicable to malpractice by public hospitals run by the New York City Health and Hospitals Corporation, such as Be...

What is the statute of limitations for a malpractice in failing to diagnose cancer?

Answer: Section 214-a of the NY Civil Practice Law and Rules provides that the statute of limitations for cancer misdiagnosis is 2 and ½ years from...

What is the statute of limitations for medical malpractice that causes the wrongful death of the pat...

Answer: When medical malpractice causes the death of the patient, there is a claim for the patient's injuries, pain and suffering up to the time of...

What is the name of the cancer that is found in the lower intestine?

Colorectal cancer encompasses rectal cancer, colon cancer, and cancers that occur in the lower intestine. It’s common for patients who have colorectal cancer to be misdiagnosed as having irritable bowel syndrome, celiac disease, or ulcerative colitis.

Can lung cancer cause coughing?

Together, breast, colorectal, and lung cancer make up 10 percent of all misdiagnosed cancer cases. The symptoms of lung cancer can vary, but many patients experience wheezing and coughing. These symptoms often appear in chest infections, the flu, and the common cold. As a result, patients may not receive a timely diagnosis. Their doctor might tell them they have asthma, pneumonia, or bronchitis. This can lead to a delay in treatment.

Is cancer a leading cause of death?

Cancer is a leading cause of death in every country in the world. As devastating as a cancer diagnosis can be, experiencing a delay in treatment due to a cancer misdiagnosis makes things worse.

Who is Michael Wilson?

Dr. Michael M. Wilson is an attorney and a physician who earned his undergraduate degree from the Massachusetts Institute of Technology and his legal and medical degrees from Georgetown University. He has focused in the area of medical malpractice for more than three decades and secured more than $100 million in settlements and verdicts on behalf of clients throughout the country. He is admitted to practice in the District of Columbia and New York as well as the U.S. Court of Appeals for the District of Columbia and the U.S. Supreme Court. He is listed in America’s Top 100 High Stakes Litigators.

How many people died from cancer in 2018?

The American Cancer Society reported the following estimated numbers of new cancer cases in 2018, with the number of deaths in parentheses: Tongue — 17,110 (2,510) Mouth — 13,580 (2,650) Pharynx — 17,590 (3,230) Other oral cavity — 3,260 (1,640)

Why is early detection important?

Research supports the idea that early detection is often the key to achieving the best clinical outcome for most forms of the disease . Unfortunately for many people, diagnosis may be delayed through a negligent medical error on the part of the doctors they rely on most. This can allow the disease to spread and the prognosis to worsen.

What is an endoscopic biopsy?

An endoscopic biopsy may be performed with an endoscope, a lighted tube that can examine areas inside your body. Other biopsy procedures may involve needles to withdraw fluid and blood samples for liquid biopsies, skin samples being cut off for skin biopsies, or parts of tumors being removed through surgical biopsies.

What is the difference between a CT scan and an X-ray?

An X-ray takes pictures of the inside of the body, and a computed tomography scan (CT scan or CAT scan) involves images of the organs taken with an X-ray. An ultrasound involves sound waves while magnetic resonance imaging (MRI) involves magnets and a computer being used to collect images of the inside of the body.

Is a delayed diagnosis considered medical malpractice?

It is important to keep in mind that a misdiagnosis or delayed diagnosis may not automatically be considered medical malpractice. A physician could have a perfectly valid explanation for their original diagnosis that is supported by other similarly licensed professionals in a similar field.

Can a patient expect a doctor to know what is wrong?

Patients cannot expect doctors to know what is wrong without providing the types of information that can help lead to an accurate diagnosis. When you are visiting your physician, you should make sure to provide them with a complete list of whatever symptoms you have been experiencing.

Why is bladder cancer diagnosed so late?

A diagnosis of bladder cancer can often be delayed because it may confused or assumed to be symptoms of other conditions such as a urinary tract infection, bladder infection, cystitis, overactive bladder, and/or pyelonephritis. Key questions to consider are:

Why is it so hard to diagnose kidney cancer?

Kidney cancer can be difficult to diagnose because some symptoms are very similar to those of other illnesses, most notably kidney infections and/or cysts. If someone has symptoms associated with kidney cancer, then it is important for a doctor to take a detailed history and determine if more test are appropriate. Questions to consider are:

How many people get colon cancer each year?

Nearly 150,000 men and woman are diagnosed with colon cancer each year. The primary method of screening or testing for colon cancer is a colonoscopy. As with breast cancer the key questions to ask about a colon cancer are:

How long do people live with lung cancer?

Lung cancer, unfortunately, causes more deaths than the next four most common cancers, combined (prostate, pancreatic, breast, and colon). The timing of diagnosis can make a big difference in survival for this type of cancer. If the cancer is diagnosed before it has spread, more than half of people survive more than 5 years. If the cancer has spread outside of the lungs, then the five-year survival rate is about 3 percent. Yet early diagnosis is difficult because it may be confused with other common lung conditions such as chronic obstructive pulmonary disease, bronchitis, pneumonia, and asthma.

Is skin cancer a good cancer?

Skin cancers are the most common type of cancer, but fortunately, they generally have a good survival rate. Suspicious skin changes are investigated with a biopsy, but skin changes first need to be identified. Doctors are therefore responsible for taking a proper a history and explaining to a patient the type of skin changes to look for. Doctors must also order a biopsy when appropriate, and use proper techniques and analysis to evaluate it.