Receiving a diagnosis of cancer can be frightening and life-changing.  But what happens when the correct diagnosis is missed or delayed?  As many as 12% of the nearly 1.5 million cancer cases each year are missed by doctors.  That’s an estimated 180,000 people annually.  It’s no wonder there are a steady number of cancer misdiagnosis lawsuits filed each year.

Sometimes the disease is diagnosed as another condition altogether, other times it is missed entirely.  There are even cases in which a doctor incorrectly diagnoses a patient with cancer when they are not actually suffering from the disease.  In any of these situations, the impact can be nothing short of catastrophic.

Cancer misdiagnosis can occur in any number of ways, including:

• The doctor failed to recognize the signs and symptoms of the disease
• The doctor failed to refer the patient to the appropriate specialist
• The doctor or specialist failed to order the proper tests
• The doctor did not properly biopsy the area in question
• The doctor or specialist failed to correctly interpret test results

The outcome of a cancer misdiagnosis can be anywhere from dangerous to life-threatening.  If a patient’s cancer is misdiagnosed as something different, or missed altogether, the delay in required treatment can mean further progression of the disease and even a shortening of the patient’s lifespan.  In cases where a patient is wrongly diagnosed with having cancer, they may be subjected to dangerous and unnecessary treatments or surgery, which can cause them further illness and harm.

People who have been a victim of cancer misdiagnosis, whatever the reason, may have the right to file a medical malpractice lawsuit against the doctor or specialist responsible for the error.  Medical attorneys who represent these victims typically seek monetary damages for things such as medical expenses, lost wages, permanent disability or disfigurement, and pain and suffering.

The family of Melissa Hendricks, a Texas woman who died from cancer that went undiagnosed for over a year, has been awarded $3.5 million in her wrongful death lawsuit.  It is reportedly one of the largest medical malpractice verdicts in Denton County history.

The suit alleged that in 2002, Hendricks found a small lump on the top of her head prompting her to visit the Highland Family Medical Center where she was seen by Dr. Stephen Glaser.  Hendricks communicated to Glaser her concerns about cancer, which had taken her mother’s life years earlier.  Glaser dismissed her concerns, however, and diagnosed the lump as a nonmalignant lesion known as a sebaceous cyst.

The cyst was removed the following week, however no subsequent testing or biopsies were performed on the sample to confirm or refute the diagnosis and it was discarded.

A year later, Hendricks noticed another lump where the original had been and at that point sought treatment with a different doctor.  It was only then that the correct diagnosis of sarcoma, a dangerous form of cancer, was reached.  Unfortunately, however, with no treatment for over a year, the disease had progressed rapidly.  Hendricks fought valiantly but lost her battle in December 2004, less than a year after receiving the correct diagnosis.

The jury awarded Hendricks’ family the hefty settlement which will likely be reduced due to damage caps in Texas.  It is important to also note that they attributed 10% of the responsibility to Hendricks herself for not being more aggressive about getting a proper diagnosis given her family history of cancer.

Early detection of cancer is critical because left undiagnosed, the disease can continue to spread and worsen.  Treatment options may also be limited in late diagnosis, severely limiting the success rate of the patient in beating the disease and potentially shortening their life.  If you have received a diagnosis that you are unsure about, it is important that you take the initiative and get a second opinion.  It could mean the difference between life and death.

Should you find yourself already a victim of cancer that went undiagnosed or was misdiagnosed as something else causing a delay in treatment, you may have legal rights.  Discuss your situation with a medical lawyer to find out more.

The Maryland court of appeals is giving the family of Pearline Brown Rice, who died of cancer after a tumor was misdiagnosed as arthritis, a third chance to fight their wrongful death suit.  The original case ended in favor of the family, awarding them over $11 million, but was overturned, and the first appeal denied.  A judge recently granted them another chance to pursue their claim.

In March 2001, Rice went to the University of Maryland Medical Center complaining of knee pain.  She was diagnosed as having osteoarthritis.  What she really had was a ruptured cancerous cyst, which went undiagnosed for several months.

By the time the disease was discovered, Rice had already lost precious time.  She underwent surgery, amputation, radiation and chemotherapy, but it was too late.  She died in March 2003.

In April 2006, a jury found in favor of Rice’s children, awarding them $11,003,000 in damages, but just a few months later the Medical Center was granted a new trial after a judge concluded that the verdict ran counter to the weight of evidence.

The second time around, the family’s suit was dismissed based on a new requirement that an expert’s opinion be filed along with a lawsuit and an issue involving the statute of limitations.  The Court of Special Appeals found that decision to be incorrect, and has again breathed new life into the wrongful death suit.

A verdict in favor of the defendant or a dismissal of your case doesn’t necessarily mean it’s over.  A good medical attorney will know if you have a chance to appeal your case and how to go about doing so in a timely manner.  If you have found yourself in this type of situation, speak to a medical lawyer about it today.

A jury recently returned a verdict in the medical malpractice case involving the misdiagnosis of cancer of a Nevada woman, resulting in her death.

24 year old Elisa Sanchez sought medical treatment in 2004, complaining of pain and blood in her stool.  She was wrongly diagnosed as having hemorrhoids on multiple occassions.  What she really had was colon and rectal cancer.

Her family, who brought the lawsuit, claimed that the misdiagnosis caused a delay in treatment, and that an early diagnosis could have increased her chance of survival to 97%, rather than the grim 50% she faced when the correct diagnosis was finally reached seven months later.

Cancer survival most often hinges on early diagnosis and prompt treatment.  When the disease goes unnoticed or is misdiagnosed, the delay in treatment often diminishes the patient’s life span.  In this case, it was too late to save Sanchez, and her family is left to pick up the pieces.

The case against the doctor was successful, and the jury awarded a settlement of $2.5 million.  Of course, this is of little consolation to the Sanchez family, because it could never replace the life of a young woman cut tragically short.

If you have lost a loved one as a result of a cancer misdiagnosis, you have the right to seek justice.  Speak with a medical attorney right away.