Cancer Misdiagnosis

Importance of Early Diagnosis

Sometimes, physicians fail to properly diagnose cancer in their patients. In fact, the leading cause of all medical error or medical malpractice lawsuits is the misdiagnosis of cancer.

Timely detection of cancer is a matter of life and death.

For example, breast cancer has a 95% survival rate when caught at its earliest stage. When breast cancer advances to "stage 4." an individual only has a 7% chance of survival. Indeed, the key to successful treatment of most types of cancer is early diagnosis.

Other types of common cancers for which early treatment is crucial are cancer of the prostate, cervix, colon, lung, kidney, ovaries, skin, and testicles. It is important for your family physician to check for cancers that may pose a greater risk to you, due to your family history, gender, or age. Most cancer tests are painless. Regular cancer screening and early diagnosis can greatly increase your prospects for a long and quality life.

Some of the mistakes that a doctor may make in screening for cancer include:

* Failure to understand or notice the nature of a patient's complaints.
* Failure to order the proper test, such as a mammogram or PSA test.
* Failure to properly read or interpret test results.
* Failure to refer a patient to a specialist for further testing.
* Failure to note that a patient's family history increases the risk of a particular type of cancer.
* Failure to notice a mass or mistaking a malignant mass for one that is benign.
* Failure to run routine tests, such as a prostrate screening for males over age fifty.
* Failure to test someone who is at risk, because of age or ethnicity. For example, African-American males are at increased risk of prostrate cancer and need screening tests from the age of forty.
* Failure to follow-up with a patient if cancer should be suspected.

Sometimes, the reason for delayed cancer diagnosis is not the fault of a physician. You need to take care of your own health and get medical check-ups.

If you have discomfort, pain, an unusual lump or mass, or other health concerns, be sure to tell your doctor. Also, let your physician know about any family or personal history of cancer. If you believe that you are not being adequately screened for cancer risks, then you should express this concern to your physician. Never be afraid to seek a second opinion, if you think one is required.

There are many reasons why you should talk with a medical malpractice lawyer about your legal rights after an instance of cancer misdiagnosis. After you or a loved one suffers from a cancer misdiagnosis, it is important to talk with a personal injury attorney with experience in medical malpractice law for several compelling reasons:

Put a Fighter In Your Corner

Insurance companies will vigorously fight against paying damages to an medical malpractice victim -- especially cases involving cancer misdiagnosis. You need a law firm that will vigorously represent your interests in these proceedings and counsel you as your claim progresses.

Peace of Mind

You owe it to yourself and your family to seek experienced legal counsel. To protect all your legal rights, you need a law firm that is well versed in the complicated laws that govern medical malpractice law.

The Financial Impact of Injuries

The cost of a cancer misdiagnosis can be catastrophic. This is an extreme hardship when the injuries make work impossible and rent, gas, and medical bills start to accumulate. You need a law firm that will help you recover these costs from the insurance company or the at-fault party. A study recently indicated that injured parties represented by legal counsel obtain far greater recoveries than those individuals who attempt to represent their own interests.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.