Radiology Misreads

The Truth Behind Cancer Misdiagnosis Cases

A cancer misdiagnosis robs you of the ability to receive potentially life-saving treatment during the earliest stages of the disease when it is most treatable. Sadly, it happens to more families than it should. But just how often is cancer misdiagnosed or not diagnosed at all? 

It’s important to understand that diagnosing cancer is not an exact science, but medical professionals are expected to follow standards of care when diagnosing cancer; when they do not, the consequences can last a lifetime – or even be fatal.

How Often Do Radiologists Misread Diagnostic Imaging?

Let’s start by explaining the role radiologists play in how often cancer is misdiagnosed. Radiologists are doctors who specialize in using medical imagery like X-rays, CT scans, MRIs, and ultrasounds to lead to a diagnosis of a disease or injury. Even with remarkable advancements in radiology science, errors in this field persist that can cause cancer to be misdiagnosed or not diagnosed at all. It is estimated that radiological errors occur at a rate of approximately 3%.

Unfortunately, these mistakes can have significant consequences, impacting a patient's chances of successful treatment or subjecting them to unnecessary physical and emotional distress.

Mistakes such as misreading a diagnostic image or missing an abnormality in the film are classified as radiological errors. Such errors are categorized into four types:

  • Cognitive errors: If the radiologist views the film but misreads the findings or misses the importance of what they see, it is described as a cognitive error. 

  • Perceptual errors: These occur when a radiologist does not accurately identify any abnormalities, meaning they miss what is in the film – also known as failure to diagnose. This type of error can include situations such as a radiologist missing a mass or lesion.

  • Communication errors: These are errors made when a radiologist is communicating X-ray results, such as language barriers or a poorly worded radiology report which is then relied on by another physician.

  • Radiation errors: If safety precautions are not followed, a patient could be exposed to too much radiation, which can also lead to medical issues.

Which Cancers Are Most Frequently Misdiagnosed?

How often cancer is misdiagnosed is a grave issue that affects a significant portion of vulnerable patients. Among the "big three" diseases—namely infections, vascular disease, and cancer—cancer stands out as the most commonly misdiagnosed condition.

While any type of cancer can be misdiagnosed, it’s especially common among the following:

  • Breast cancer: This type of cancer often gets confused with breast cysts, fibrocystic breast tissue, or mastitis, as these conditions involve lumps in the breast tissue. The similarity in presentation poses challenges to an accurate diagnosis. While it’s difficult to give an accurate rate of misdiagnosis for breast cancer, it’s estimated that mammograms miss 12% of cases – and this particular disease to actually believed to have an overdiagnosis rate of as high as 31%. 

  • Lung cancer: This cancer can be misdiagnosed due to shared symptoms with various conditions that compromise lung function. Chronic obstructive pulmonary disease (COPD) is one such condition that can easily be mistaken for lung cancer, especially since both may cause coughing and shortness of breath. It’s estimated that lung cancer is misdiagnosed 6.8% of the time. 

  • Colon cancer: This disease may be erroneously identified as diverticulitis, which refers to inflammation in the small pouches of the digestive system. Distinguishing between the two conditions often hinges on the examination of pericolonic lymph nodes. Colon cancer can be misdiagnosed quite often – especially in adults under 50 – causing delays in treatment.

When Does Cancer Misdiagnosis Mean Malpractice?

Medical practitioners are legally obligated to provide their patients with a certain level of professional care. This includes taking the necessary actions to correctly diagnose and treat a patient’s condition. 

A cancer misdiagnosis may rise to the level of medical malpractice if the medical practitioner failed to:

  • Recognize reasonably apparent symptoms of cancer

  • Order the appropriate cancer testing and screening

  • Conduct follow-up tests based on positive or abnormal results of the original test

  • Consider the patient’s medical history of cancer, or family history of cancer during the diagnosis

  • Adhere to proper protocols and procedures for conducting cancer testing, thereby avoiding errors in test results that could lead to misdiagnosis

When a patient experiences harm due to a cancer misdiagnosis resulting from a medical practitioner's failure to meet these obligations, they may have grounds for a medical malpractice claim.

How to Prepare for a Cancer Misdiagnosis Case

If you suspect medical malpractice due to a cancer misdiagnosis, it is crucial to take certain steps promptly to protect your rights and maximize your chances of pursuing a successful claim. Remember, cancer can be misdiagnosed more often than you think, and you are not alone in pursuing a cancer misdiagnosis case.

  • Talk to your medical practitioner: If something about your care or treatment doesn't feel right, it is important to speak up. While this can be intimidating, you have the right to ask your medical practitioner questions so you can better understand what happened.

  • Keep detailed documentation: As soon as you suspect the possibility of malpractice, write down as much as you can about your interactions and treatment. For example, it can be helpful to keep a timeline of appointments, hospital stays, treatments, and other relevant events.

  • Get copies of your medical records: Medical records are essential evidence in any cancer-related medical malpractice lawsuit. 

  • Contact a cancer misdiagnosis lawyer: Proving cancer misdiagnosis requires extensive medical evidence and strict compliance with legal rules and procedures. To increase your chances of a favorable outcome, having an attorney by your side should be a top priority. There is a limited time window to commence suit from the time you suspect a malpractice may have occurred.

If you or a loved one has suffered harm due to a cancer misdiagnosis, we can help. Our cancer misdiagnosis lawyers at HHP Law Group know what it takes to hold the responsible parties accountable and obtain the compensation you and your family deserve. Don’t let the legal clock run out. Contact us today for a free case evaluation.

FAQs

What might I recover?

A party who has been injured or has died as a result of medical malpractice can recover damages designed to compensate them for their injuries/death. These include but are not limited to compensation for their medical bills, lost wages and diminished earning capacity, permanent injuries and impairment, disfigurement and scarring, physical pain and suffering, mental suffering and aggravation, and their loss of enjoyment of life or change in lifestyle. In rare occasions, the misconduct of the health care provider may be so egregious that punitive damages, which are designed to punish the conduct, may be awarded to the injured party.

Should I hire an attorney for my malpractice claim?

In our experience, it is extremely rare for a malpractice claim to be pursued and result in a favorable outcome without the assistance of an attorney. These cases are factually and legally complex and require an extensive amount of discovery, expert witnesses, and document review. The HHP Law Group is willing and ready to discuss with you any potential medical malpractice case.

What will my claim cost me?

Our attorneys understand that clients may not have the resources to fund their case upfront, especially if you have been injured and cannot work as a result. All consultations with HHP Law Group are free of charge. If HHP Law Group represents you in your medical malpractice case, we will take your case on a contingency basis.  This means that the attorney fees are a percentage of any recovery by way of settlement of trial verdict. Additionally, the costs to pursue the matter (third party expenses, filing fees, etc.) are advanced by the law firm to be repaid at the time of recovery.

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