When a doctor misdiagnoses cancer, the patient may undergo unnecessary treatment, which can be expensive, painful, and have serious side effects. On the other hand, a patient who does not receive an accurate cancer diagnosis will not receive the treatment they need, potentially resulting in a preventable death.
In both cases, the patient is the one who suffers.
Types of Cancer That Are Often Misdiagnosed
Any type of cancer can be misdiagnosed, but certain types of cancer are more commonly misdiagnosed than others. These include:
- Breast cancer: Breast cancer is one of the most commonly misdiagnosed types of cancer. This is because breast cancer can appear as a breast infection or a benign cyst. If a doctor does not take a patient’s symptoms seriously and fails to order a mammogram, the patient may not receive a diagnosis until the cancer has advanced.
- Lung cancer: Lung cancer is another type of cancer that is commonly misdiagnosed. This is because lung cancer can be mistaken for pneumonia, bronchitis, or asthma.
- Colorectal cancer: Colorectal cancer can be mistaken for irritable bowel syndrome (IBS) or inflammatory bowel disease (IBD).
- Prostate cancer: Prostate cancer is often misdiagnosed as benign prostatic hyperplasia (BPH) or prostatitis.
- Ovarian cancer: Ovarian cancer is often misdiagnosed as irritable bowel syndrome (IBS) or ovarian cysts.
- Pancreatic cancer: Pancreatic cancer can be mistaken for pancreatitis or gallstones.
- Skin cancer: Skin cancer can be mistaken for a rash, a wart, or a pimple.
If you had cancer and your doctor failed to diagnose it, or if your doctor diagnosed you with cancer when you did not have it, you may be able to file a medical malpractice lawsuit.
What Are the Causes of Cancer Misdiagnosis?
Cancer misdiagnosis can result from a variety of medical errors, including:
- Failure to order the right tests: Doctors must order the right tests to detect cancer. For example, if a patient has a lump in their breast, the doctor should order a mammogram. If the doctor fails to order the right tests, the cancer may not be detected.
- Failure to review the patient’s medical history: When a patient has symptoms that may indicate cancer, the doctor should review the patient’s medical history. If the patient has any risk factors for cancer, the doctor should be even more cautious. For example, if a patient has a family history of cancer, the doctor should be more likely to suspect cancer.
- Failure to perform a thorough examination: During a physical examination, the doctor should examine the patient for any signs of cancer. For example, if a patient has a mole that looks suspicious, the doctor should order a biopsy.
- Failure to refer the patient to a specialist: If a patient has symptoms that may indicate cancer, the doctor should refer the patient to an oncologist for further testing.
- Failure to properly read the test results: Unfortunately, not all doctors are careful when it comes to reading test results. When a doctor fails to read the test results properly, the cancer may not be detected.
How to File a Cancer Misdiagnosis Lawsuit
If you or a loved one has suffered due to a cancer misdiagnosis, you may be able to file a medical malpractice lawsuit.
To do so, you must prove:
- There was a doctor-patient relationship: You must prove that you had a doctor-patient relationship with the doctor you are suing. This means that you hired the doctor, and the doctor agreed to work with you.
- The doctor was negligent: You must prove that the doctor was negligent. To do so, you must prove that the doctor did not provide the same level of care that another doctor with similar training would have provided in the same situation.
- The doctor’s negligence caused harm: You must prove that the doctor’s negligence caused you harm. In a cancer misdiagnosis case, you must prove that the misdiagnosis caused your cancer to progress and that you suffered harm as a result.
- You suffered damages: You must prove that you suffered damages as a result of the cancer misdiagnosis. In a cancer misdiagnosis case, you can seek compensation for your medical expenses, lost wages, pain and suffering, and more.
Proving that a doctor was negligent can be difficult, which is why you need an Albuquerque cancer misdiagnosis attorney on your side. At James Wood Law, we have the knowledge, resources, and experience to handle even the most complex cancer misdiagnosis cases. We will conduct a thorough investigation, consult with medical experts, and build a strong case on your behalf. We will fight for justice for you and your family.
At James Wood Law, we understand that medical malpractice cases are about more than just money. They are about holding negligent doctors accountable and preventing others from suffering the same fate. We are committed to helping you get the justice you deserve.
How Long Do I Have to File a Cancer Misdiagnosis Lawsuit?
If you have been the victim of a cancer misdiagnosis, it is important to act quickly. In New Mexico, there is a three-year statute of limitations for medical malpractice lawsuits. This means that you have three years from the date that the cancer misdiagnosis occurred to file a lawsuit. If you do not file a lawsuit within three years, you will lose your right to do so.
However, there are some exceptions to the statute of limitations. If the cancer misdiagnosis was not discovered until later, you may have more time to file a lawsuit. A cancer misdiagnosis can be difficult to detect, and it is not uncommon for a patient to receive an accurate diagnosis after the statute of limitations has expired. That is why it is so important to contact an experienced medical malpractice attorney as soon as possible.
Call James Wood Law Today
At James Wood Law, we understand the serious consequences of a cancer misdiagnosis, and we are here to help. We will review your case, explain your legal options, and help you determine the best way to proceed. If you have a valid claim, we will file a lawsuit on your behalf and fight for the compensation you need to move forward with your life.
Call (888) 579-3866 or contact us online today to speak to an Albuquerque cancer misdiagnosis lawyer.
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