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A delayed, missed, or misdiagnosis of a severe condition, such as cancer, can quickly spiral into a life-or-death issue. Medical malpractice is not necessarily at fault when it occurs. However, you have the right to pursue compensation when a physician is negligent, such as missing symptoms after straying outside of the standard and acceptable treatment of professional health care providers. 

These cases are complex and require careful analysis to meet the legal requirements and win damages, but at Circeo Law Firm, our dedicated failure-to-diagnose attorneys have a track record of winning compensation for our clients. Contact a skilled Louisville cancer misdiagnosis lawyer for sound advice, guidance, and help with your case.

What Are the Most Common Types of Misdiagnosed Cancers?

According to the American Society of Clinical Oncology Journal studies and malpractice lawsuits, some cancers are more commonly misdiagnosed than others. These include:

  • Skin
  • Lungs
  • Breast
  • Ovarian
  • Prostate
  • Colorectal
  • Pancreatic
  • Lymphoma

Misdiagnosis often includes false negatives and false positives, with the second being the rarest. For instance, breast cancer is often mistaken for benign conditions, such as fibrocystic changes, mastitis, or cysts. Dense breast tissue can also reduce mammogram sensitivity, leading to false negatives. 

Other cancers are also often mistaken for benign conditions, such as lung cancer being mistaken for pneumonia or chronic obstructive pulmonary disease (COPD) and colorectal cancer being mistaken for hemorrhoids or irritable bowel syndrome. 

Filing a Claim to Establish Fault

Proving a cancer misdiagnosis occurred requires showing that your doctor deviated from the standard of professional medical care, and their negligence caused injuries. Our attorneys can help you build a powerful case with comprehensive medical records, personal documentation and notes, and expert witness testimonies. Therefore, it is crucial that you keep all of your records together in a safe place. 

As with most other states, Kentucky requires an affidavit, called the Certificate of Merit, from a medical professional in the same or similar fields to state that your doctor breached their duty of care, which was the proximate cause of your cancer worsening. 

Evidence of the harm the malpractice caused can include bills for the unnecessary healthcare services and treatment, pharmacy receipts, and financial statements or records of your lost wages. Our knowledgeable cancer misdiagnosis attorneys in Louisville can answer your specific questions about the vital records and process during the consultation.

Why Do Misdiagnoses Happen?

The most common causes of misdiagnosis, delayed diagnosis, or incorrect diagnosis are often the result of a combination of clinical, technical, systemic, and human factors. Examples of the most common causes include the following:

  • Symptoms overlap with benign or common illnesses
  • Inadequate history review, such as during rushed doctor office visits or incomplete symptom exploration
  • Failure to order the appropriate diagnostic tests, such as imaging, bloodwork, biopsy, colonoscopy, or specialist referral, despite the symptoms warranting it
  • Misinterpretation of imaging, pathology, labs, or other test results
  • Failure to create or follow through with the healthcare follow-up plan
  • Communication issues, like poor coordination between primary care and specialists

Our skilled cancer misdiagnosis lawyers in Louisville can conduct an extensive investigation and analysis to determine the cause and liable party.

Contact an Experienced Cancer Misdiagnosis Lawyer in Louisville 

Most of us trust that a doctor will provide the highest standard of treatment and care for each patient, and when that fails, and you suffer harm, the aftermath is often overwhelming and infuriating. You must hold them legally and financially accountable when doctor negligence causes you harm. 

Our hard-working and compassionate Louisville cancer misdiagnosis lawyers can help you navigate the complex process and advocate for a just outcome. We work on contingency, meaning you pay nothing unless we secure compensation on your behalf. Call us soon to schedule your free consultation.