Missed or Delayed Diagnoses - Cancer Malpractice
Medical errors involving cancer cases are relatively common. They include missed or delayed diagnosis of the disease or, as in a highly publicized Philadelphia case, botched surgeries by doctors and their staff.
Such incidents of medical malpractice can lead to severe injury and death. If you or a loved one were the victims of medical malpractice involving a cancer case, you may want to call one of our cancer attorneys for a free case evaluation.
Kline & Specter has had great success litigating cancer cases. Overall, we have the largest verdicts in the United States. We obtained four of the top 100 nationally in 2019. That is the most of any law firm in America.
Missed and Delayed Diagnosis of Cancer in the United States
A missed or delayed diagnosis can lead to the spread of cancer, leading to disfiguring surgery, unnecessary chemotherapy, and radiation therapy.
One study estimated that over 128,000 Americans annually are injured because of a cancer misdiagnosis, with many of them dying.
Dr. Stephen S. Raab, a professor at the University of Pittsburgh School of Medicine who authored the study, said, "I want to make clear that the major consequence is not that patients unnecessarily have organs removed or have a false diagnosis of cancer, but rather that they have cancer and it is not diagnosed."
The study concluded that misdiagnoses were caused by improper blood and tissue sampling and inaccurate reading of laboratory test results. Breast cancer and colon cancer are among the more common forms of cancer that go undetected because of error.
Another study found that women older than 70 are "under-diagnosed, under-staged, and under-treated" for cancer compared with younger women. Women in the older age group make up one-third of all breast cancer patients.
Examples of Missed or Delayed Cancer Diagnosis Cases
.jpg)
In some cases, environmental substances – such as asbestos exposure leading to mesothelioma – or manufactured products can be suspected carcinogens. For instance, the U.S. Food and Drug Administration announced a possible link between a rare type of cancer called anaplastic large cell lymphoma, or ALCL, and saline and silicone gel-filled breast implants. (Learn more)
In one highly publicized medical malpractice case, it was also revealed that at least 92 surgical procedures involving prostate cancer, known as brachytherapy, were botched at a Veterans Affairs hospital in Philadelphia. (Read story)
The series of medical errors at the Philadelphia VA hospital, widely reported in June 2009, included a surgeon mistakenly implanting radioactive “seeds” not in cancerous prostates but in healthy organs, including patients’ bladders and rectums. In other cases, the doses of radiation were either too high or too low.
Kline & Specter Client Success Stories
Kline & Specter, PC, a law firm with 60 attorneys – several of them also highly skilled doctors – has broad experience and success in litigating cancer cases. We have won substantial jury verdicts and settlements for medical malpractice cases in Philadelphia, the surrounding suburban counties, and throughout the United States.
Breast Cancer
In one case tried by Tom Kline, a jury in Lehigh County awarded $33.1 million to a woman whose doctor and a company that provided mammography services failed to diagnose her breast cancer in a timely matter. She died as a result. (See the Welteroth Case)
In a 2003 trial later featured on ABC’s Nightline, Kline also won a $3 million verdict for the family of a woman, Dagmar Lackman, who died because of a delayed breast cancer diagnosis.
Colon Cancer
In a colon cancer case, the law firm won a verdict of $8.25 million in Delaware County Court for a man whose cancer was initially missed, leading to his death.
In another case, Kline & Specter reached a settlement on behalf of the family of Stephen Little, the former WBA super middleweight champion, who died of cancer after a misdiagnosis led to a 10-month delay in treating his colon cancer. Little, of Reading, went on to get married. The father of six then died at age 34.
Our Commitment to Improving Safety
At Kline & Specter, we are committed to improving safety and preventing other people from suffering the harm that our clients have endured.
An example of this can be seen in the case of Lawrence Strange, a patient whom hospital staff failed to inform about a nodule found on his lung. Within two years, Strange was diagnosed with advanced lung cancer, and he died six weeks later.
Kline & Specter obtained a substantial confidential monetary settlement for his family but did not stop there. As part of the settlement, the hospital agreed to hold grand rounds to educate staff on the importance of reviewing files and informing patients of the nature of their illnesses as quickly as possible, with no delay in diagnosis.
In addition, the hospital held a formal lecture in honor of Strange. The lecture to some 40 doctors stressed the importance of various hospital protocols, including proper communication among doctors and staff, documentation, and follow-up of test results. Click here to see safety improvements obtained by Kline & Specter attorneys in other cases.
FAQs
What Are the Most Common Cancers That Are Often Missed or Delayed in Diagnosis?
Many types of cancer can be missed or delayed in diagnosis, but some are more commonly overlooked than others. Some of the most frequent cancers that experience diagnostic delays include:
- Breast cancer
- Lung cancer
- Colorectal cancer
- Prostate cancer
These delays often occur due to subtle symptoms, lack of routine screenings, or misinterpreting diagnostic tests. If you suspect a missed or delayed diagnosis of cancer, it is critical to seek legal counsel. This allows you to explore your options for compensation and justice.
What Symptoms Should Prompt Me To Seek a Second Opinion if My Initial Diagnosis Was Negative?
Certain persistent or worsening symptoms should prompt you to seek a second opinion, even if your initial diagnosis was negative. These symptoms include:
- Unexplained weight loss
- Persistent pain
- Chronic fatigue
- Changes in bowel or bladder habits
- Unusual bleeding or discharge
- A lump or thickening in the breast (or anywhere else on the body)
If your symptoms continue without a clear diagnosis, consult another healthcare professional to ensure you receive the appropriate care. Early detection can be crucial in cancer treatment outcomes.
What Is the Statute of Limitations for a Missed or Delayed Cancer Diagnosis?
The statute of limitations for a missed or delayed cancer diagnosis can vary by state. However, it typically ranges from one to three years from the date you discovered or should have discovered the misdiagnosis.
It is essential that you act quickly. Missing this window can prevent you from pursuing legal action. At Kline & Specter, we can help you understand the time limits that are relevant to your case and ensure all necessary steps are taken within this period.
What Are the Legal Steps Involved in Filing a Claim for a Missed or Delayed Cancer Diagnosis?
Filing a claim for a missed or delayed cancer diagnosis involves several critical steps.
First, you must gather all relevant medical records and documentation of your diagnosis and treatment.
Next, consult with an attorney specializing in medical malpractice cases, like those at Kline & Specter. Your attorney will review your case, identify expert witnesses, and file a formal complaint.
The process may also include negotiations for a settlement or proceeding to trial to secure the compensation you deserve for the harm the delay caused.
What Types of Evidence Are Crucial in Proving a Missed or Delayed Cancer Diagnosis?
Proving a missed or delayed cancer diagnosis requires compelling evidence, such as:
- Medical records documenting your symptoms
- Test results
- Communications with healthcare providers
- Expert testimony from medical professionals can demonstrate how the standard of care was breached and how this breach led to harm
- Personal accounts of how the delayed diagnosis affected your health and quality of life are crucial
At Kline & Specter, we meticulously gather and present this evidence to build a strong case on your behalf.
Schedule a Case Review
The attorneys at Kline & Specter understand the profound impact a missed or delayed cancer diagnosis can have on your life. Our team will help you navigate the legal process, ensuring you receive the justice and compensation you deserve.
Contact us today to schedule a case review. Call our Philadelphia office at 215-772-1000, our Pittsburgh office at 412-851-3600, our New Jersey office at 856-662-1180, our Delaware office at 302-575-9709, or our New York office at 212-533-7300. You can also call toll-free at 800-916-8716.
Contact a cancer lawyer for a free claim evaluation.
Click here to view News Articles about cancer cases handled by Kline & Specter attorneys.
Our medical malpractice lawyers handle all types of medical malpractice lawsuits. Click here to find out more.