Cancer Misdiagnosis Settlements

A misdiagnosis is a type of medical malpractice.  If a doctor does not make the correct diagnosis, it can have serious consequences for a patient. This is particularly true when it comes to missing a cancer diagnosis.

A missed diagnosis can happen for any number of reasons. A physician might not order the right diagnostic tests, interpret the test results incorrectly, or fail to properly evaluate a patient and their symptoms. A recent study found that missed diagnoses of cancer by primary care doctors most frequently involve errors in clinical judgment, such as a failure or delays in ordering a diagnostic test, or a failure or delay to obtain a consult or referral to a specialist.

A cancer misdiagnosis can be particularly devastating. Any delay in diagnosis means that the cancer may have the opportunity to spread or metastasize. This may lead to the cancer being graded at a higher stage, requiring more invasive and intensive treatment.  In some cases, a missed cancer diagnosis could lead to a poor or even terminal prognosis.

If a doctor misses a cancer diagnosis, you could potentially file a lawsuit for your losses. To win a cancer misdiagnosis lawsuit, you will have to establish that the doctor was negligent. Generally, this means that they failed to meet the standard of care for their profession and that you were harmed as a result.

Proving medical negligence requires evidence of the following elements:

1. The healthcare provider owed you a duty to meet the standard of care considered appropriate and acceptable by reasonably prudent similar healthcare professionals.
2. The medical provider violated that duty in some way, such as by failing to order diagnostic tests.
3. You were injured as a direct result of that violation.
4. You suffered harm as a result.

In medical malpractice lawsuits, the standard of care is based on the particular professional and/or specialty. For example, a primary care doctor will be expected to meet the standard of care for other primary care doctors. An oncologist will be expected to meet the standard of care for other oncologists. 

For example, consider a situation where you visit your family doctor with a persistent cough that sometimes produces blood. Your doctor prescribes you a cough medicine without doing further testing. Several months later, you are diagnosed with lung cancer that is at an advanced stage. In this situation, the failure to order tests led to a delayed diagnosis. While the doctor did not cause your cancer, they can be held accountable for the additional harm that you suffered because you were not diagnosed until several months after your initial appointment.

The decision to file a lawsuit against a doctor for a cancer misdiagnosis can be tough. When you are already going through chemotherapy, radiation, and/or other treatments, the thought of going through the legal process can be daunting. Our law firm is here for you.

With years of experience advocating for clients in the Treasure Coast region, we are skilled at helping our clients get the money that they deserve for their injuries. We will take on the burden for you, dealing with paperwork, witnesses, and insurance companies so that you can focus on getting better. If you suspect that your doctor missed your cancer diagnosis, our team of seasoned Vero Beach medical malpractice attorneys will fight for your right to full compensation.