In the United States, each year there are over 1.7 million new cases of cancer reported to the CDC. Even with the advanced treatment options for cancer, survival is often dependent on a timely and accurate diagnosis. Unfortunately, misdiagnosis and delayed diagnosis of cancer are among the most common types of medical malpractice. A recent study showed that even a four-week delay of cancer treatment is associated with increased mortality across surgical, systemic treatment, and radiotherapy indications for seven cancers.
If you or a loved one were injured due to a delayed cancer diagnosis, you may want to call our medical malpractice lawyers for a free evaluation of your delayed diagnosis case. Cardaro & Peek has had great success in fighting for victims of medical malpractice, and helping them recover just compensation for the pain and suffering, lost wages, medical bills, and other damages our clients wrongfully suffered. For example, in a case tried by Cardaro & Peek, a Baltimore jury awarded $7 million (story found here) to a Catonsville woman who alleged her doctor missed an early indication of her breast cancer, causing it to reach an incurable stage.
What Qualifies as a Delayed Diagnosis?
Medical malpractice involving the misdiagnosis or delayed diagnosis of cancer may take on many forms, such as not ordering the appropriate tests, misinterpreting tests, relying on inconclusive tests without a second opinion, diagnosing a non-cancerous disease as cancer, ignoring patient concerns of pain, and failing to communicate with the patient. However, the end result is the same: the patient’s cancer was not diagnosed when it should have been. A delayed cancer diagnosis can have life-threatening and life-altering effects on the patient and their family.
How Do I Prove Medical Malpractice?
In a delayed cancer diagnosis lawsuit, the victim needs to be able to prove a breach of the standard of care and that the breach caused their injury and damages. There are many different elements that may apply depending on the type of case, but the general elements for proving medical malpractice involving a delayed cancer diagnosis can include:
- The cancer was present when the doctor examined the patient.
- The patient must prove that the medical professionals did not uphold the standard of care, confirming that the patient should have received a diagnosis earlier.
- The patient must prove that the outcome of their condition would have been more favorable with an earlier diagnosis, and as a result they suffered damages.
In the Cardaro & Peek case referenced above, the patient underwent a routine gynecological exam, after which she was referred to the Defendant’s office for a bilateral mammogram.
While the prescription noted an abnormal left breast density, the order was for a mere screening mammogram. Cardaro & Peek’s medical expert testified that a screening mammogram is the appropriate action only when the patient has no signs or symptoms of cancer. Because the Defendant doctor failed to order the proper tests, unfortunately, the cancer was only detected when the patient returned for another routine exam the following fall. At that point, the cancer progressed from a treatable “2B” stage to a likely-to-recur “3B.” Subsequently, the patient underwent chemotherapy, radiation therapy and a left total mastectomy. The jury found that the delay in diagnosing the patient’s cancer was the result of malpractice, and that the patient was thus entitled to compensation for the injuries and damages caused by the doctor’s negligence.
Contact The Law Offices of Cardaro & Peek, LLC Today for Help With Your Delayed Cancer Misdiagnosis Case
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.