Failure to Diagnose Cancer

Misdiagnosed Cancer: Medical Malpractice

The failure to diagnose cancer in time for a successful treatment can result in permanent injury or death. If this happened to a member of your family, you may wonder whether you have grounds for a medical malpractice lawsuit. A lawyer at our Brooklyn, New York, firm will investigate this question on your behalf: Would another doctor with similar training have made the correct diagnosis in a timely manner? Or, would another doctor with similar training, having made the diagnosis, have properly treated the cancer and prevented the injury? If so, the treating physician may be responsible for medical malpractice.

Under the statute of limitations, there is a limited amount of time in which you are allowed to pursue legal action for misdiagnosis of cancer. Therefore, it is imperative that you get prompt legal advice from an attorney who is familiar with medical malpractice and who has access to a variety of medical experts. If you would like to speak with an attorney at Lozner & Mastropietro, we invite you to contact our office to make arrangements for a complimentary consultation.

Failure to diagnose breast cancer

This is one of the more common cancers in women. The earlier breast cancer is found and diagnosed, the better your chances of beating it. Screening tests, such as annual mammograms, look for signs of disease in women without symptoms. There are common signs of early stages of breast cancer, including a suspicious mass or lump, discharge from the nipple and a painful or reddened breast. If these symptoms are interpreted correctly, diagnostic actions like magnetic resonance imaging (MRI), blood tests or bone scans can be ordered. If you're over forty or at a high risk for the disease, you should have an annual mammogram and physical exam by a doctor.

If your doctor or medical provider failed to interpret test results properly, failed to interpret your symptoms, did not prescribe treatment in a timely fashion or prescribed improper treatment, this may be medical malpractice.

Failure to diagnose colon/rectal cancer

Colon and rectal cancer are second only to lung cancer in the yearly number of deaths. This disease is treatable if detected by a physician at an early stage. If you have no symptoms and are without a history of colorectal cancer or polyps, you still need to be screened. If, however, you have a personal or family history of colorectal cancer or polyps, or some other reason, such as lifestyle choices that place you in an increased risk category, then you require surveillance exams with a colonoscopy.

There are several common signs of colon and rectal cancer, including complaints of blood in stool, a change in bowel habits, abdominal discomfort, unexplained fatigue, unexplained weight loss or vomiting. If your doctor or medical provider failed to interpret these symptoms correctly, misdiagnosed the cancer, did not make the correct diagnosis in a timely fashion, failed to order surveillance exams such as a colonoscopy, failed to order surveillance exams in a timely fashion, or failed to read test results properly, this may be medical malpractice.

Failure to diagnose uterine/cervical cancer

In the United States, about 14,000 women are diagnosed with cervical cancer disease each year, and almost 4,000 women die from the disease annually. Regular Pap tests and pelvic exams are important for women because they can detect cancer or abnormalities that may lead to cancer. Abnormalities can be treated before they lead to cancer. If test results are interpreted correctly and in a timely fashion, this cancer can be treatable.

For more information about breast cancer: http://www.breastcancer.org

For more information about colon/rectal cancer: http://www.coloncancerprevention.org/

For more information about uterine/cervical cancer: http://www.nccc-online.org/

At Lozner & Mastropietro, our Brooklyn lawyers are dedicated to helping patients whose cancer was misdiagnosed and families of those patients recover compensation. If you believe that your cancer was misdiagnosed or not diagnosed in a timely manner, or you simply need more information, please call us at 1-718-615-0044 or click Tell Us About Your Case.

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Frequently Asked Questions: Medical Malpractice and Hospital Negligence