The misdiagnosis of cancer is unfortunately common in the United States. Missed symptoms, misinterpreted test results, and inattentive medical professionals – from radiologists to surgeons – can all lead to harmful diagnosis errors that block the patient from receiving the cancer treatment he or she needs. When a doctor’s negligence causes misdiagnosis, the patient may consider filing a personal injury lawsuit.
If you or a loved one has a case involving the misdiagnosis of any type of cancer, contact us for a free consultation about your case. We have over 30 years of experience handling medical malpractice and personal injury claims. We have fought for our clients and won more than $5 billion in damages.
What Is the Misdiagnosis of Cancer?
The misdiagnosis of cancer occurs when a physician evaluates a patient and draws the wrong conclusion about his or her disease. Cancer misdiagnosis can take a few different forms: missing a cancer diagnosis, delaying a diagnosis, giving a false positive on test results for cancer, or giving incorrect information on diagnosis (e.g., assessing it as the incorrect stage). All types of cancer misdiagnoses can be harmful.
Misdiagnosis, however, is not always grounds for a lawsuit. To have a cancer misdiagnosis lawsuit in Illinois, victims must prove a reasonable and prudent physician would have done something differently to prevent harm in similar circumstances. This will take an affidavit of merit that states you or your lawyer met with a health care professional and received his/her opinion that the physician in the case is guilty of negligence.
An attorney can help you with this burden of proof, as well as with showing that you possess the four elements needed for a successful lawsuit. The four elements are duty, breach, causation, and damages. For a more detailed breakdown of what you will need for a claim in Illinois, contact us.
Damages You Could Recover
A lawsuit is likely on the bottom of your priority list after learning you have cancer. However, mounting hospital bills, loss of wages or earning potential, and the suffering you endure as a result of the misdiagnosis are an unfair burden due to another’s negligence. Whether a doctor in Chicago incorrectly identified the cancer stage, failed to diagnose your disease within a reasonable amount of time, or diagnosed you with cancer when you did not have cancer, you could be eligible for financial recovery. The following are common damages one might get back during a medical malpractice claim:
- Pain and suffering. One of the most critical damage types in misdiagnosis of cancer claims is pain and suffering. A diagnosis error can cause emotional turmoil through false hope, unnecessary fear, stress, and family member mental anguish. Telling someone his/her case is terminal when really, he/she has a lower stage of cancer, for example, can bring great distress to the patient and family.
- Medical costs. If the cancer misdiagnosis caused you to need additional doctor’s appointments, treatments, medications, or other types of medical care, document these expenses and include them in your claim. A negligent physician could be liable for your past and future related medical costs.
- Lost wages. Did you miss work due to the medical mistake? If so, you can request restitution for every dollar missed while you recovered from your disease, went to the doctor, or had to call in sick for treatment. You may also be eligible for lost earning capacity if the medical error caused a long-term inability to return to work.
Your damages depend on the circumstances of your case. For more information, contact Clifford Law Offices for a free initial consultation.
