A Wilkes-Barre medical malpractice lawyer can be a lifeline when a cancer misdiagnosis turns your life upside down. Cancer is already a devastating diagnosis, but when doctors fail to detect or properly identify it, the consequences can be catastrophic. Patients in Wilkes-Barre deserve answers and accountability. That’s when having a skilled attorney on your side becomes essential.
Munley Law is one of Pennsylvania’s most trusted medical malpractice firms, with nearly seven decades of experience and landmark case results. Our attorneys have earned national recognition, including board certifications and awards for excellence in personal injury and trial advocacy. We’ve secured millions for malpractice victims, including settlements of $4.3 million for failing to obtain a cancer diagnosis and $3.2 million for failing to diagnose lung cancer.
If your cancer progressed because a healthcare provider missed key warning signs, misread your tests, or failed to follow proper diagnostic procedures, you don’t have to shoulder this alone. Munley Law’s Wilkes-Barre medical malpractice attorneys understand what’s at stake and know how to build a strong case from day one. We will explain your legal options, gather the evidence needed to support your claim, and pursue the compensation available under Pennsylvania law.
Contact us today for a free consultation.
Call Us At 844-686-5397 Cancer Misdiagnosis and Medical Malpractice in Wilkes-Barre
According to The American Cancer Society, the state saw 89,410 new cancer cases in 2024 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 is misdiagnosed, and one out of five cancer cases is misidentified, often due to diagnostic mistakes in Wilkes-Barre, whether from negligence or system failures.
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. If there is a delayed diagnosis and the cancer is left untreated, it will spread and progress. This can lead to more health issues, emotional trauma, and financial strain for the patient, much like what we see in surgical error lawsuits, where timing and precision matter most
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 and negligent healthcare providers who miss red flags can be a deadly combination.
Is Misdiagnosis Malpractice?
Not every missed or delayed cancer diagnosis is medical malpractice. To have a valid claim, it must be shown that the healthcare provider failed to provide the level of care that another reasonably skilled provider would have provided under similar circumstances. If that failure allowed the cancer to progress or reduced your treatment options, you may have grounds to pursue a medical malpractice claim.
Pennsylvania law also requires medical malpractice claims to be supported by expert medical testimony. An experienced attorney can review your records, consult qualified medical experts, and determine whether the diagnostic error fell below the accepted standard of care.
During a free consultation with Munley Law’s medical malpractice lawyers in Wilkes-Barre, 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.
Before filing a medical malpractice lawsuit in Pennsylvania, the law generally requires a Certificate of Merit under Pa.R.C.P. 1042.3. This certificate confirms that a qualified medical expert has reviewed the case and believes there is a reasonable basis to conclude that the healthcare provider failed to meet the accepted standard of care. Our attorneys work with respected medical experts to obtain this certification and prepare your case for filing.
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 the healthcare system.
- Risk of death: In the most tragic cases, a misdiagnosis could lead to a wrongful death lawsuit, as grieving families search for answers and accountability.
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 help you pursue the full financial recovery available under Pennsylvania law.
Here’s how the Munley Law personal injury lawyers in Wilkes-Barre 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 file all documentation correctly within Pennsylvania’s statute of limitations of 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.
Why Choose Munley Law?
When you’re facing the devastating consequences of a cancer misdiagnosis in Wilkes-Barre, you need a legal team with deep experience, proven results, and a reputation for standing up to powerful medical and insurance stakeholders. Munley Law has been protecting the rights of Pennsylvania residents since 1959, building a track record of millions recovered for clients in medical malpractice claims.
- We are recognized for excellence in trial advocacy and personal injury law. Marion Munley and Dan Munley are both members of the American Board of Trial Advocates, which recognizes attorneys with solid trial lawyer and other litigation experience.
- Our lawyers bring personalized attention and aggressive representation to every case.
- We have secured millions of dollars for plaintiffs in medical malpractice cases, including a $3 million settlement for a cancer misdiagnosis victim.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For almost 70 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
What Damages Can You Claim 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, including 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.
FAQs About Cancer Misdiagnosis Malpractice Cases
How Long Do I Have to File a Cancer Misdiagnosis Claim in Pennsylvania?
Under 42 Pa. C.S.A. § 5524, the statute of limitations for personal injury claims is generally set at two years from the date of the injury. This means that you have two years from the date you discovered or reasonably should have discovered the misdiagnosis to file a medical malpractice lawsuit in Pennsylvania.
In addition, the MCARE Act generally imposes a seven-year statute of repose under 40 P.S. § 1303.513(a), which limits how long most malpractice claims may be brought regardless of when the injury is discovered. Because exceptions can apply (for example, when the case involves a minor or foreign objects are left inside someone), speaking with an attorney as soon as possible is important.
Is a Delayed Cancer Diagnosis Considered Medical Malpractice?
A delayed diagnosis may be malpractice if the doctor failed to meet the accepted standard of care and the delay caused the cancer to worsen or reduce treatment options.
Who Can Be Held Responsible for a Cancer Misdiagnosis?
Liable parties for a cancer misdiagnosis may include primary care doctors, radiologists, pathologists, oncologists, hospitals, or diagnostic labs. More than one provider may be held responsible, making these cases more complex.
Do I Still Have a Case if My Cancer Was Eventually Diagnosed?
Yes. Even if cancer is later diagnosed, a delay that causes progression, more invasive treatment, or reduced survival chances may support a malpractice claim.
Do Cancer Misdiagnosis Cases Require Expert Witnesses?
Yes, cancer misdiagnosis cases generally do require expert witnesses. Medical experts are typically required to explain how the provider’s actions fell below the standard of care and caused harm.
What if a Cancer Misdiagnosis Led To A Loved One’s Death?
If a cancer misdiagnosis leads to a family member’s death, the surviving family members may be able to file a wrongful death lawsuit seeking compensation for medical expenses, lost income, and loss of companionship.
Schedule a Free Consultation About Your Wilkes-Barre Cancer Misdiagnosis Claim
The Munley Law medical malpractice attorneys are here to answer your questions. At Munley Law, we offer a no-obligation consultation to new clients, during which 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.
Contact us today for your free consultation.
Marion Munley
Marion Munley is a triple board-certified trial attorney and a two-time Best Lawyers “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in Northeastern Pennsylvania (2021, 2023). She has recovered millions for victims of surgical errors, misdiagnosis, and wrongful death, including a $4.35 million medical malpractice settlement and a $3.2 million recovery for a woman misdiagnosed with cancer. A Pennsylvania Super Lawyer since 2004 and a member of the International Society of Barristers, Marion has also published on emerging malpractice issues, including the liability risks associated with electronic health records and 3D-printed medical devices.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on September 11, 2026.
