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Misdiagnosis of Cancer
Despite our modern world of mammograms, colonoscopies, MRIs, and blood tests, cancers can still be missed, and opportunities for early treatment, lost. When a delay in diagnosis occurs, the patient's prognosis or treatment is often dramatically affected, and there is actionable malpractice. While every delay in diagnosis or misdiagnosis does not result in actionable legal damage, when it does, our lawyers are prepared to assist you in pursuing a case.
Failure to Diagnose Breast Cancer
Breast cancer is one of the most common forms of cancer. When properly diagnosed and treated in its early stages, the prognosis for a long, healthy life can be very good. Unfortunately, however, sometimes the proper diagnosis does not occur. Some of the common errors in failing to diagnose breast cancer are:
- Inappropriate follow up when a mass or other symptom is reported by patient.
- Improper reading of the mammogram.
- Failure to order a biopsy when a mass is detected.
Any delay in treating breast cancer can greatly affect the likelihood of recovery and long term survival. Depending on the stage the cancer has reached, along with other health factors, even a delay of only a few months can have significant ramifications. When breast cancer goes undetected by a physician, the cancer can advance to a more serious stage. A failure to diagnose increases the risk of harm to the patient. The higher the stage of the cancer, the lower the cure rate. Cancers of the more advanced stages have higher recurrence and mortality rates. Some of the most common signs and symptoms of breast cancer are:
- A suspicious mass
- Nipple discharge
- A painful breast
- A reddened breast
If any of the above descriptions apply to you, and you would like to discuss your legal options, contact The Skolnick Law Firm, LLC online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Colon Cancer
Colon and rectal cancers are the second most prevalent cancer after lung cancer among men, and the third most prevalent cancer after breast cancer and lung cancer in women. Most colorectal cancers grow slowly over a period of several years, often beginning as small benign growths called polyps. Removing these polyps early, before they become malignant, is an effective means of preventing colorectal cancer.
Colon cancers are usually detected by a test called a colonoscopy, wherein a long flexible tube with a tiny camera lens attached to the end is inserted into the rectum, following through the colon to the end (at the cecum). If any abnormality is detected, a small piece of bowel lining is extracted and examined under a microscope to check for pre-cancerous conditions or cancer. Some common symptoms of colon cancer are:
- Rectal bleeding
- Change in bowel habits
- Abdominal discomfort
- Unexplained anemia
While these symptoms can have many causes besides cancer, your doctor should consider a colonoscopy if he or she suspects any bowel irregularity. If cancer is detected early, there is a very good chance for recovery. However, the longer the delay in diagnosis, the greater the risk of mastitis, and the poorer the potential outcome.
Malpractice may occur if your doctor fails to perform a thorough examination, r does not inform the patient of the significance of certain symptoms, such as rectal bleeding. For example, if the doctor suspects that signs of bleeding are merely the result of hemorrhoids, yet the bleeding persists despite treatment, a colonoscopy should be prescribed to rule out cancer. In some cases, a patient may never even be informed that a symptom could be an indication of cancer, thus departing the doctor's office with a false sense of well-being and unawareness.
If any of the above descriptions apply to you, and you would like to discuss your legal options, contact The Skolnick Law Firm, LLC online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Cervical Cancer
Pap smears are typically the most effective way to screen for cervical cancer. Pre-invasive lesions of the cervix can be detected through this test, which provides patients with an early opportunity for treatment. The American Cancer Society recommends that a Pap smear be obtained every three years after two negative Pap smears occurred at annual intervals. Many gynecologists recommend a yearly Pap smear, particularly for their higher risk patients. The results of Pap smears are read by specially trained laboratory technicians. It is vital that more recent results be compared with earlier results for purposes of consistency and comparison. Appropriate physical examination is also an important part of the cancer screening process.
The Pap smear test
The Pap smear is a microscopic examination of cell samples from the cervical (neck of the uterus) surface, and sometimes also the vaginal wall. The test is conducted to detect pre cancerous changes and/or cancer. The Pap smear determines the health of the female reproductive system, revealing infection, abnormal (unhealthy) cells, or cancer. After the sample is taken, it is prepared for microscopic evaluation in the laboratory, where analysis of the cells is extremely helpful in diagnosing cancer at an early stage. This analytic evaluation process is referred to as a cytological examination. Cytology is the study of the structure, function, behavior, growth, and reproduction of cells and cell components. Examining the cervical tissue at the microscopic level provides a great opportunity for early treatment.
Testing Errors
Unfortunately, the detection of these pre-cancerous cells, as well as the diagnosis of cervical cancer, is occasionally delayed by physicians, laboratories, and other medical personnel who, through inappropriate or deficient care, fail to properly administer the Pap smear. They might also fail to properly test the specimen or inadequately or improperly analyze test results.
In some cases, the Pap smear may be read inaccurately, leading to a falsely “clean bill of health.” In such situations, symptoms may develop, such as irregular bleeding and unusual vaginal discharge, before cancer is eventually diagnosed. Sadly, however, by the time these symptoms appear, the cancer may have progressed to a more serious stage. Of necessity, treatment will then require more invasive measures, and the likelihood of recovery will decrease.
At The Skolnick Law Firm, LLC, we retain the appropriate experts to review any testing procedures in question. In particular, all pertinent slides are re- reviewed, which often reveals there were pre-cancerous or cancerous cells on sites previously determined to be normal.
If any of the above descriptions apply to you, and you would like to discuss your legal options, contact The Skolnick Law Firm, LLC online or call us at (216) 685-9991 to set up a FREE consultation.
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