Cancer is one of the “big three” categories that account for nearly half of all serious misdiagnosed illnesses in Wilkes-Barre, Pennsylvania, and across the United States. A cancer misdiagnosis can delay cancer treatment, allowing the
cancer to spread unknowingly in the patient. As we all know, this can significantly reduce the patient’s chances of survival.
If you or your loved one were a victim of medical malpractice where your cancer worsened due to a misdiagnosis, you may have a valid medical malpractice claim. At Munley Law, a Wilkes-Barre cancer misdiagnosis lawyer will investigate your case, determine the liable parties, and hold the responsible medical professionals accountable. Call today for a free consultation with an experienced Wilkes-Barre medical malpractice lawyer who will offer legal advice and work around the clock to recover the compensation you deserve.
Cancer Misdiagnosis and Medical Malpractice in Wilkes-Barre
According to the Centers for Disease Control and Prevention (CDC), Pennsylvania saw 77,139 new cancer cases in 2021 alone. Of those diagnoses, the most common forms of cancer were breast cancer, prostate cancer, and lung cancer. Unfortunately, about one out of every 71 cancer cases are misdiagnosed, and one out of five cancer cases are misidentified — sometimes due to medical negligence and some due to basic human error.
The most common forms of misdiagnosis are:
False Diagnosis
A false diagnosis occurs when a patient is incorrectly diagnosed with a condition. For example, lung cancer is often mistaken for pneumonia, asthma, or bronchitis. A diagnostic error can happen for many reasons, including incorrect medical tests, misinterpretation of test results, and even failure to consider the possibility of the diagnosis.
Missed Diagnosis
A missed diagnosis occurs when a patient’s illness or condition is not diagnosed. Missed diagnoses happen when a primary care doctor or other healthcare providers are negligent or suspect the patient is faking the illness.
The consequences of both these medical errors can be the difference between life and death for the patient. Early detection is key to battling cancer. When patients receive a false diagnosis, they may receive unnecessary treatment that can cause them harm. In the meantime, they may miss out on the treatment that could save their lives. Likewise, a missed diagnosis has severe consequences, as well. If there is a delayed diagnosis and the cancer is left untreated, the cancer will spread and progress. This can lead to more health issues, emotional trauma, and financial strain for the patient.
How Does Cancer Misdiagnosis Occur?
As we briefly spoke about before, cancer (brain cancer, ovarian cancer, cervical cancer, colon cancer, pancreatic cancer, skin cancer, and more) is misdiagnosed over 11% of the time. Cancer misdiagnosis can happen for several reasons, including:
- Missing signs and symptoms
- Limited access to diagnostic tests
- Overlooking important details in the patient’s medical history
- Misinterpreting test results
- Failing to order tests
- Failing to consider all possible diagnoses
- Inadequate communication between medical providers
- Systemic issues in the healthcare system
Is Misdiagnosis Malpractice?
Cancer misdiagnosis can be considered malpractice, but it is not necessarily medical malpractice. The key is the standard of care.
A doctor-patient relationship is a contract. Within that contract, the patient has the legal right to expect the medical professional to perform his or her duties to the accepted standard of care. If the care is substandard and the patient is harmed, that is considered medical negligence, and the patient has the right to file a medical malpractice lawsuit.
When you’re considering filing a medical malpractice claim, you must consider if your physician breached their duty of care to you. Did the healthcare provider’s actions deviate from the accepted standard of care? If yes, you can file a medical malpractice claim against the negligent medical professional.
During a free consultation with Munley Law’s cancer misdiagnosis lawyers, we will assess your case and give you an honest and expert opinion about your claim. If your claim is valid, we will start working on your medical malpractice lawsuit immediately.
Consequences of Cancer Misdiagnosis in Wilkes-Barre
Unfortunately, the consequences of a cancer misdiagnosis can be quite severe for the patient. They include:
- Delayed treatment: If the cancer progresses quickly and there is a misdiagnosis, the cancer may spread and become more difficult to treat.
- Incorrect treatment: The patient may be treated with ineffective or harmful treatments.
- Loss of trust: If a misdiagnosis occurs, the patient may lose trust in their doctor or healthcare system.
- Risk of death: Cancer needs to be treated quickly and aggressively. A misdiagnosis can increase the risk of the patient’s death.
How a Wilkes-Barre Medical Malpractice Lawyer at Munley Law Can Help
Balancing a medical malpractice claim while battling a cancer diagnosis is extremely overwhelming. There’s good news – you don’t have to go on the journey alone. Having an experienced Wilkes-Barre medical malpractice attorney by your side will lighten your load and increase your chances of recovering maximum compensation. Here’s how the Munley personal injury lawyers will help you with your medical malpractice claim:
- We will investigate your Wilkes-Barre cancer misdiagnosis lawsuit and determine the parties liable. We will hold each one accountable for their negligence if there is more than one.
- We will take care of the paperwork. Pennsylvania has strict medical malpractice and personal injury laws. A single misstep could cost you the entire claim. We will ensure your paperwork is filed correctly and within Pennsylvania’s statute of limitations for two years.
- We will develop a legal strategy to prove that your injury or worsened illness directly resulted from the medical provider’s negligent diagnostic error.
- Finally, we will negotiate with the medical provider’s insurance company. If your case goes to court, your Munley medical malpractice lawyer will accompany you.
Damages in a Wilkes-Barre Cancer Misdiagnosis Case
You can recover two primary compensatory damages from a cancer misdiagnosis lawsuit: economic and non-economic.
Economic damages are tangible monetary losses that include medical bills, lost wages, and loss of earning capacity.
Non-economic damages are intangible losses that are a bit more difficult to prove. They include pain and suffering, emotional distress, loss of quality of life, and loss of consortium in cases of wrongful death of a family member.
In rare cases, the defendant is ordered to pay punitive damages in addition to the compensatory damages. Punitive damages are meant to punish the defendant rather than award the plaintiff. The goal is to deter the defendant from that behavior in the future.
Schedule a Free Consultation About Your Wilkes-Barre Cancer Misdiagnosis Claim
The Munley Law medical malpractice attorneys are here to answer your questions. We offer a no-obligation consultation to new clients where you will speak with an experienced Wilkes-Barre medical malpractice attorney and discuss your legal options.
Our law firm has been dedicated to protecting the rights of Pennsylvania residents since 1959. We have offices in Northeastern Pennsylvania and across the state. Since opening our doors, we have won millions for our clients in medical malpractice cases and are confident we can do the same for you. Call today for your free consultation.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
