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Cancer Misdiagnosis/Delayed Diagnosis: Answers To Frequently Asked Questions

Receiving a cancer diagnosis is a life-changing experience. However, learning that your prognosis may be worse due to a trusted medical provider’s negligence can take an even greater emotional toll.

At Leeseberg & Valentine, our medical malpractice attorneys advocate for cancer patients who have suffered due to a misdiagnosis or delayed diagnosis of cancer. Our team has more than 75 years of combined experience and has secured millions of dollars for our past clients.

Cancer misdiagnosis or delayed diagnosis cases can be complex, and you may not fully understand your rights and options under Ohio law. Below, we answer frequently asked questions about these types of claims. If you have additional questions, call us at 855-445-6266 to schedule a free initial case consultation.

Can I file a lawsuit if my cancer was misdiagnosed?

Maybe, though not all misdiagnosed cancer cases qualify as medical malpractice. To file a medical malpractice claim, you must show that your medical provider failed to follow the proper standard of care, and that this failure made your prognosis worse.

If a reasonably competent medical provider would have properly diagnosed your cancer, and your care provider failed to do so, then you may be eligible for compensation. A medical malpractice attorney can help you determine what the proper standard of care would be given your situation.

How can I prove that my delayed cancer diagnosis was due to negligent care?

A skilled medical malpractice lawyer will evaluate many factors of your cancer diagnosis to determine whether you have a valid claim, including:

  • The development of your symptoms
  • What tests the medical provider performed (or failed to perform)
  • Your test results, including imaging tests, lab tests, and biopsies
  • Your patient file and the medical provider’s notes
  • Your and your family’s medical history

Your medical provider’s actions must have violated the proper standard of care to establish negligence for a medical malpractice claim. Your lawyer will closely evaluate the provider’s actions throughout your treatment to identify areas of concern.

What is the most commonly misdiagnosed type of cancer?

Breast cancer is the most frequently misdiagnosed form of cancer. Medical providers may confuse symptoms of breast cancer with other common ailments (such as a noncancerous cyst or fibrocystic breast disease).

Unfortunately, about one in eight women will be diagnosed with breast cancer at some point in their lives. Due to its high rate of occurrence, immediately seek medical attention if you notice any potential symptoms. If in doubt, seek a second opinion.

How does a delayed cancer diagnosis impact my health?

It is important to diagnose and treat cancer as soon as possible for the best possible outcome. As cancer advances, you face greater risk of serious complications or even death. Failure to immediately diagnose and treat cancer may result in otherwise avoidable surgeries, chemotherapy, and other invasive treatments that put your health at risk and diminish your quality of life.

How long do I have to file a medical malpractice claim for a delayed cancer diagnosis?

If a delayed cancer diagnosis harmed your health, you typically have one year from learning of the diagnosis to file a medical malpractice claim. However, there are exceptions and numerous factors to consider, when evaluating the length of time you have to bring a claim.

We recommend reaching out to a qualified medical malpractice attorney as soon as possible to avoid any problems with missing your statute of limitations (deadine to file a claim). You do not want to forfeit your right to file for damages.

How would a medical malpractice attorney prove that my cancer treatment was mishandled by a medical provider?

At Leeseberg & Valentine, our experienced medical malpractice lawyers regularly partner with some of the world’s top cancer specialists. We pair our in-depth knowledge of Ohio law with medical insights from trusted professionals to build and prove your case.

What should I do if I suspect that my cancer was misdiagnosed?

If you think that your cancer was misdiagnosed, immediately seek a second opinion from a qualified medical professional. It can never hurt to get a second opinion on your health and ongoing care.

We also encourage you to contact the medical malpractice team at Leeseberg & Valentine to discuss your options. Call our Columbus office at 855-445-6266 to schedule a free initial case consultation or contact us online. We represent clients throughout Ohio.

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