Cancer is a serious, progressive disease that affects nearly 2 million Americans every year. In South Carolina alone, more than 35,000 receive devastating cancer diagnoses annually. Around one-third of these patients die from it.
Doctors and specialists agree that early diagnosis is the most important part of cancer treatment because it gives patients a better chance of achieving remission.
Unfortunately, misdiagnoses cause too many patients in the U.S. to receive treatment late. In fact, 44% of certain types of cancer are misdiagnosed. In most cases, this delays the right treatment and, sometimes, results in tragic outcomes.
If you believe or have confirmed that your cancer was misdiagnosed, you have grounds to pursue a legal case. Holding those accountable for your worsened health status is the first step in protecting your rights and being compensated for your trauma.
Why Is Cancer Misdiagnosed?
Sometimes, cancer is misdiagnosed because a doctor dismisses a patient’s concerns or symptoms. Often, doctors are so convinced that a patient’s symptoms must be due to a benign cause that they do not pursue further tests. In both instances, this can result in a dangerous misdiagnosis.
Other reasons for cancer misdiagnoses include:
- A medical provider may decline to order important tests when examining a patient.
- Doctors may miss warning signs of cancer when patients come in for a routine physical examination.
- Specialists may neglect to consider a patient’s medical history or refuse to give them a cancer screening because they are ‘too young to have cancer.’
- X-rays or other imaging tests may be misinterpreted.
- A doctor may fail to provide medical care according to the accepted and enforced medical standards.
Some cancers are much harder to diagnose than others. That said, a medical provider’s job is to do due diligence and order the tests necessary to rule out cancer.
Deviation from the guidelines to detect and treat cancer early could mean negligence on the part of the medical provider.
Steps To Take If Your Cancer is Misdiagnosed
If you suspect a doctor misdiagnosed your cancer but it is not confirmed, you must get a second opinion. The best way to do this is to consult a specialist with years of experience diagnosing the type of cancer you believe you have.
When meeting with the second doctor, bring all your test results, imaging scans, and biopsy reports. Allow the doctor to explain how they will test you for cancer and what you can expect from the process.
Additional Testing
If your misdiagnosis potentially comes from incorrect lab results or a misinterpretation of scans, additional tests can confirm your suspicions.
Ask the second doctor to review the pathology report if you already have a biopsy. Reiterate your symptoms, and do not leave any information out. The second doctor may request more advanced scans, or they may suggest genetic or molecular testing.
If your initial diagnosis is not correct, and the second set of tests and scans prove you have cancer, the second doctor will advise you on immediate treatment.
Stop Wrong Treatment
Conversely, if you are initially diagnosed with cancer, and the second doctor confirms you do not have cancer, you must stop unnecessary treatments immediately. If you have already undergone chemotherapy or radiation, it can have severe effects on your health.
The best steps to take are:
- Confirm the misdiagnosis and ask the second doctor what to do about your treatments.
- Confirm whether you can stop the medication or treatments you have been given.
- If your newly diagnosed condition still requires treatment, discuss with the second doctor how soon you should begin.
Document Everything, Including Communications
If misdiagnosis has caused you harm, you must have the necessary evidence to pursue a legal case. This means compiling:
- Medical reports.You must keep copies of all your test results, scans, doctor’s notes, etc.
- Treatment records.Make a note of all the treatments or surgeries you have already received. Take pictures of the medications given and write down any side effects you may have.
- Document all conversations with doctors, surgeons, and specialists. This documentation should include dates, times, and details of the conversations.
- Keep a journal (or more than one) detailing how the misdiagnosis affected your life. Explain how it impacted you physically, mentally, emotionally, and financially.
Your Legal Rights in South Carolina
If you and your lawyer can provide the following, you have the right to file a legal claim.
- The initial doctor had a duty of care to diagnose your condition and treat you properly.
- The doctor breached that duty by failing to diagnose your condition or making an incorrect diagnosis.
- The misdiagnosis resulted in direct harm. For example, your disease progressed, or you suffered side effects because of unnecessary treatments.
- The misdiagnosis caused you to suffer damages. This includes medical expenses, a loss of income, and pain and suffering. A reduced life expectancy also counts as damages.
Does Misdiagnosis Mean Medical Malpractice?
Legally speaking, a cancer misdiagnosis can be deemed medical malpractice. But, it will only be considered malpractice if you can prove the doctor deviated from the enforced standard of medical care.
This means if a doctor fails to recognize your symptoms for what they are or neglects to order screenings and tests, it can be considered malpractice. The same applies if the doctor refuses to order follow-up tests when necessary or ignores your medical and family history.
Hiring a Medical Malpractice Lawyer
The best way to get the ball rolling on a legal case is to hire a skilled medical malpractice lawyer. Your lawyer will investigate every aspect of your case. They will file the necessary claim and negotiate a settlement with the hospital’s legal team and insurance provider.
If no settlement is reached, your lawyer will prepare an official court case on your behalf and represent you throughout the trial.
Take Immediate Action After a Misdiagnosis
If you suspect a cancer diagnosis, it is crucial to act immediately. Get that second opinion and schedule the additional tests. Make notes on everything and speak to a lawyer.
You have every right to fight for compensation if you were harmed by negligence, resulting in a misdiagnosis. Your health matters, and if you take the right steps, you can protect it and take your future back into your own hands.
