Cancer Misdiagnosis Lawsuit - New York Medical Malpractice Lawyer
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Houston Woman Misdiagnosed with Terminal Breast Cancer

A Houston woman recently underwent months of chemotherapy for Stage IV breast cancer, only to find out that her doctor had misread her results and she did not have cancer at all. In a cancer misdiagnosis lawsuit, a jury awarded Herlinda Garcia $367,500 in damages for her for her medical bills, unnecessary pain and suffering and extreme emotional duress.

Medical misdiagnosis has been a serious issue since at least 1991. Between 10 and 20 percent of all medical cases involve misdiagnosis, a number that far exceeds drug errors and surgical errors. The problem is even worse in cancer patients.

How common is extreme cancer misdiagnosis?

New York medical malpractice lawyers rarely see cases as extreme as Herlinda’s; however, her case is certainly not unique:

  • A New Zealand man was diagnosed with terminal lung cancer which the doctors claimed had metastasized to his heart. It was only after he and his wife had either sold or given away most of their assets that he discovered the diagnosis was a mistake.
  • A Bangor-area man recently won a $200,000 judgment after being misdiagnosed with Stage IV pancreatic cancer.
  • A Montana man contemplated suicide after being misdiagnosed with terminal brain cancer. The judge in Mark’s case later wrote that “It is difficult to put a price tag on the anguish of a man wrongly convinced of his impending death.”

What are my options in a cancer misdiagnosis case?

It is once again worth noting that extreme cancer misdiagnosis cases are rare. But, overall cancer misdiagnosis is disturbingly common. Up to 44 percent of cancer cases may involve misdiagnosis; doctors cite missing information and inadequate diagnostic techniques as the primary reasons for commonly misdiagnosed cancers including lymphoma, breast cancer and melanoma.

If you receive a cancer diagnosis, there is a very good chance the diagnosis is incorrect. Your condition could be substantially better or substantially worse than the doctor’s initial report. Always get a second opinion to confirm the diagnosis.

If it turns out you were misdiagnosed, you should consider a cancer misdiagnosis lawsuit for several reasons:

  • Compensation: Cancer misdiagnosis, both extreme and otherwise, hurts. Some patients undergo months of needless chemotherapy. Other patients experience unnecessary emotional duress. Most patients experience both these things. You and your family should not have to pay the bill for someone else’s mistake.
  • Attention: Cancer misdiagnosis cases make the headlines. Your lawsuit is not only for yourself, but also for all the doctor’s other patients who need to know about this situation.
  • Corrective Action: Whether or not the court orders them to do so, you can be certain that a defendant in a cancer misdiagnosis lawsuit will change personnel and procedures and do whatever it takes to avoid another lawsuit.

Why should I speak with a medical malpractice lawyer quickly? 

The statute of limitations for medical malpractice cases in New York is 30 months. Two-and-a-half years sounds like a long time. But remember that your attorney must thoroughly investigate your case before a lawsuit can be filed; your attorney may also negotiate with the doctors to obtain a pre-trial settlement. Once the time expires, you have no second chance to obtain fair compensation for your injuries.

New York medical malpractice lawyer

Cancer misdiagnosis cases are extremely complicated, and involve an intricate web of legal and medical issues. At The Sander Firm, we have been standing up for medical negligence victims for over forty years. Our legal team has the experience it takes to win positive results for you and your family. Call 1.800.FAIR.PLAY to speak with an attorney today.