If a doctor fails to diagnose, or incorrectly diagnoses, a patient with lung cancer the consequences can be catastrophic. A delayed diagnosis has the potential to be the difference between life and death. If you or a family member have suffered because of a doctor’s incorrect, missed, or delayed lung cancer diagnosis you may be eligible to receive compensation for your medical expenses, lost wages, and pain and suffering through a medical malpractice lawsuit.
Contact the experienced cancer misdiagnosis lawyers at the Jacob Fuchsberg Law Firm to discuss your legal rights. Our attorneys have helped thousands of families recover compensation after the unimaginable happens, including lung cancer misdiagnosis claims. Contact us online or call 212-869-3500 today for a free consultation.
Lung cancer is an unfortunately common and lethal type of cancer. According to the American Cancer Society, about 235,760 new lung cancer cases arise per year. Of those, there are 131,880 deaths from it, including 69,410 in men and 62,470 in women. There is a new diagnosis every 150 seconds.
Early diagnosis raises your survival chances; if caught in the early stages, lung cancer has an 80 to 90 percent cure rate. But if your doctor misses the signs and delays your treatment, your chances drop, and you suffer worse due to no fault of your own.
Despite the latest in medical technology and the common occurrence of lung cancer, doctors frequently misdiagnose it. These mistakes cause stress and prevent you from receiving needed treatment.
Misdiagnosis often happens in the following ways:
There are two challenges with diagnosing lung cancer: it varies in severity, and its symptoms mimic other illnesses. Some patients do not show any signs of lung cancer in the early very-treatable stages.
Common lung cancer symptoms include:
None of these symptoms are unique to lung cancer. Other illnesses start as mimicking lung cancer symptoms, and doctors diagnose them before considering cancer. These diseases include:
Since lung cancer is treatable in its early stages and less so in later ones, chances of survival drop and late-diagnosed patients face more invasive and aggressive treatment. Patients often develop more severe and untreatable lung cancers as their conditions remain untreated. Patients who may have survived if their doctors followed through with diagnosis may face a death sentence merely due to one mistake by one radiologist, doctor, nurse, or other medical professionals.
Patients also risk hospital negligence as they receive treatment that would not have been necessary if their doctors diagnosed cancers earlier. Botched surgeries, misread charts, or lack of medication are examples of breaches of healthcare standards in hospitals that may befall cancer patients.
If you believe your doctor misdiagnosed you, knowledge is power, and you need to push for options. But if these efforts result in further misdiagnosis or a late lung cancer diagnosis, you need to hire a medical malpractice attorney soon.
A second opinion from an oncologist (cancer specialist) is crucial after a misdiagnosis. It is the only way to know for sure about your health, and it can help you in a cancer misdiagnosis lawsuit later. Specific situations calling for a second opinion include:
If you see a good oncologist, you will undergo thorough testing and have access to more treatments. Otherwise, you risk cancer spreading and evolving into the later stages. If you do not receive this care, find another doctor.
You can find an oncologist either through the American Society of Clinical Oncology or the American Medical Association.
Knowing lung cancer stages and types can help you communicate with specialists and get back on track with your diagnosis. When you see a specialist, you can be sure to ask the right questions and assess whether they will test you thoroughly.
There are three types of lung cancer. They include two common types and one less-common type:
SCLC comprises 20 percent of diagnosed lung cancers, and it is quicker-growing cancer. It has two stages:
Doctors rate NSCLC on the TNM system: Tumor (T), Node (N), and Metastasis. Each element rates on a scale of zero to four, with the highest numbers being the most severe. For example, an N1 score is a smaller node than an N2 score.
NSCLC also has stages including:
Carcinoid lung cancer describes tumors that develop in the lungs. They are the least common cancer, and they grow slower than the other types of cancer. They start in the neuroendocrine cells and usually stay in the lungs.
Many victims of lung cancer misdiagnosis are in Stage 4. They often went through the ordeal of trying to get a doctor to test and diagnose them correctly, only to discover their cancer at a late and extensive stage. If this happened to you, contact a medical malpractice attorney as soon as possible. Our attorneys and network of experts can review your case and see if your doctors fell short on finding and treating your cancer.
If you have a medical malpractice claim linked to a missed lung cancer diagnosis, part of your damages is medical costs. Your medical treatment will be more aggressive and expensive than if your doctor detected lung cancer earlier.
Once diagnosed with lung cancer, you may undergo any of the following treatment methods:
It is vital to see a medical malpractice attorney as soon as possible if you believe your doctor failed to diagnose your lung cancer. These cases are complex and often take a long time to compile. So, the sooner we get started, the better case we can build on your behalf.
If you believe you have a claim against a doctor who railed to diagnose lung cancer, you must prove:
Examples of breaches of accepted medical care standards include:
New York has a two-year and six-month statute of limitations on medical malpractice claims. The time starts from the date your doctor misdiagnosed your cancer or when treatment ends.
Your damages for lung cancer misdiagnosis may include:
If your lawsuit concerns a loved one who died after a lung cancer misdiagnosis, you may secure additional damages. Besides the list above, you can also collect for loss of future income and support and further pain and suffering. While it is uncommon in medical malpractice cases, you may even secure punitive damages if medical neglect was intentional and especially egregious.
You may have additional claims, including hospital negligence if improper care, botched surgeries, misread medical records, or any other mistake results in worsening your condition. That is why you need to hire an experienced attorney to look at your case and find the different ways you can receive compensation for your damages.
The Cancer Misdiagnosis Lawyers at Jacob Fuchsberg Law Firm are ready to assess your case and help you secure the compensation you deserve. If you believe you fell victim to lung cancer misdiagnosis and face a dire prognosis due to that negligence, time is of the essence, and you need to schedule an appointment soon.
Contact us online or call 212-869-3500 today to schedule a free consultation.