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. We have among the largest verdicts in the United States. 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 manner. She died as a result. In another case Braden Lepisto won an $11 million verdict in Luzerne County against a dentist who failed to promptly refer a patient for a biopsy after noticing a sore on her tongue, with the delay resulting in a Stage IV cancer and surgical removal of part of the patient's tongue.
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
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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
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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.
Can I Sue if a Misdiagnosis Occurred Due To Faulty Lab Results?
If a misdiagnosis occurs due to faulty lab results, you may be able to sue, particularly if negligence or errors in the testing process contributed to the mistake. You can file legal claims against the laboratory or medical professionals involved if they failed to meet the standard of care – and that failure led to harm.
Consulting with a medical malpractice attorney, like those at Kline & Specter, is essential. They can assess your case and help you determine whether flawed lab results contributed to your situation.
What Should I Do if My Doctor Refuses Further Cancer Testing Despite Ongoing Symptoms?
You have the right to ask your healthcare provider to document the refusal in your medical records. This documentation may be useful if legal action becomes necessary later.
How Do I Obtain My Medical Records To Investigate a Missed Diagnosis?
To investigate a missed diagnosis, you can obtain your medical records by submitting a formal request to your healthcare provider or the medical facility where you received treatment.
Most institutions have a process for patients to access their records. You may need to fill out a form or submit the request in writing. Having access to these records can provide key information required for a medical malpractice case.
Can a Family Member Pursue Legal Action on Behalf of Someone Who Has Passed Away Because of Delayed Diagnosis?
A family member can pursue legal action on behalf of a deceased loved one if a delayed cancer diagnosis caused their death.
These cases are often referred to as wrongful death lawsuits. They allow family members to seek compensation for the emotional and financial damages resulting from the loss.
Wrongful death cases can be complicated. Consulting an attorney specializing in medical malpractice can help you navigate this process.
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 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.
What Role Do Expert Witnesses Play in a Delayed Cancer Diagnosis Case?
Expert witnesses are critical in delayed cancer diagnosis cases. They provide specialized knowledge and testimony to establish whether the standard of care was breached.
These experts are often medical professionals with extensive experience in oncology. They can assist with the following:
- Analyzing the case details
- Reviewing medical records
- Offering opinions on whether the delay in diagnosis was avoidable
- Assessing whether the delay caused the harm
Expert testimony helps the court understand complex medical issues and determine if negligence occurred. Their role is essential in proving that the delay in diagnosis directly impacted the patient’s prognosis.
What Are the Physical, Emotional and Psychological Effects of a Delayed Cancer Diagnosis?
Unfortunately, a delayed cancer diagnosis can often cause death. Even when death doesn't result, there can be profound negative physical, emotional and psychological effects on the patient.
While death is the worst outcome for a delayed cancer diagnosis, there can be other serious and permanent physical effects on a patient, including:
- Patients may have to undergo more aggressive surgery that can result in a longer, more painful recovery, as well as scarring and potential disability.
- Because of a delayed diagnosis, patients may have to undergo more aggressive radiation and chemotherapy treatments, which can result in illness, infection, vomiting, weight loss, anemia, hair loss, etc.
The emotional and psychological effects of a delayed cancer diagnosis can also be profound. Some examples of these effects include:
- Patients may experience anger, frustration, and feelings of betrayal upon learning that their condition could have been detected earlier.
- The uncertainty about their prognosis, coupled with the stress of undergoing more aggressive treatments than might have been necessary, can also lead to anxiety and depression.
- The delay can strain relationships with family and friends as patients and their loved ones grapple with the fear and sadness of a potentially worsened outcome.
What Steps Can Be Taken To Ensure Early and Accurate Diagnosis of Cancer?
To ensure early and accurate cancer diagnoses, healthcare providers must take proactive steps:
- Healthcare providers must follow established guidelines for cancer screenings and ensure thorough follow-ups on abnormal test results.
- Continuing education for medical professionals can help them stay informed about the latest diagnostic techniques and advancements.
Why Choose Kline & Specter?
Kline & Specter, with over 50 attorneys, including five who are also medical doctors, has a unique combination of legal knowledge and medical expertise and a proven track record of recovering substantial verdicts and settlements on behalf of victims of medical malpractice.
If you or a loved one has experienced a delayed or missed diagnosis of cancer, don't hesitate to reach out to us.
Schedule a case review with Kline & Specter today. Call us at 215-772-1000 or fill out our online form.
Kline & Specter provides free and confidential case evaluations. We handle cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, we will work with local attorneys in each state as applicable.
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.
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