Relentless Representation For Challenging Medical Malpractice Claims

Can You Sue A Doctor For Misdiagnosis Of Cancer?

Your primary care physician or a specialist said that your lab tests were not concerning and your symptoms were due to something else. Weeks or months later, your condition worsened, and you got the devastating news from oncology that you have cancer. More than likely, you have the right to file a misdiagnosis lawsuit. When their mistake delays your cancer treatment, you may have to endure far more extensive procedures than you would have otherwise – or even lose your last clear shot to overcome the disease.

Frank Morrissey is one of the top medical malpractice attorneys in the Chicagoland area, having repeatedly met the stringent requirements for inclusion to the Super Lawyers list. He has been practicing for more than three decades, and the numerous multimillion-dollar verdicts for his clients speak for themselves. When you need aggressive legal representation and a compassionate ear, Morrissey Legal Group, LLC, can help.

How Long Do You Have To Sue A Doctor For A Misdiagnosis Of Cancer In Illinois?

A lawsuit for misdiagnosis of cancer generally has the same time restrictions as other medical malpractice claims. In most cases, the deadline for a misdiagnosis claim is two years from the date you either discovered or should have discovered the cancer misdiagnosis. In many cases, that’s the date that you received the bad news from oncology.

Health care law, particularly when it comes to legal issues surrounding cancer misdiagnosis or other health care negligence, can be very complex. Attorney Frank Morrissey can help you understand your patient rights, what it takes to successfully sue for misdiagnosis and the time limits involved. It is far wiser to seek early legal representation once you understand what has happened than to delay.

What Can Contribute To A Cancer Misdiagnosis?

There are several factors that can contribute to a cancer misdiagnosis, including:

  • Diagnosis wasn’t timely: Delays in diagnosis often result in a progression of the disease that could have been prevented or mitigated with earlier intervention.
  • Medical professionals didn’t use (or misused) tools of early detection: This includes not ordering or improperly conducting essential diagnostic tests such as biopsies, mammograms, CT scans, MRIs or blood tests that are crucial for identifying cancer.
  • Lack of follow-up: Failing to follow up on suspicious findings or abnormal test results can result in missed opportunities for early diagnosis.
  • Misinterpretation of results: Diagnostic errors can occur if test results are incorrectly interpreted by radiologists, pathologists or other medical professionals.
  • Incomplete medical history: Not taking a comprehensive medical history or ignoring patient-reported symptoms can lead to a misdiagnosis.
  • Communication breakdowns: Poor communication between different health care providers or with the patient can result in incomplete or inaccurate information being used for diagnosis.

Other factors may also be at play such as understaffing, pressure to see large numbers of patients or lack of adequate training.

When Is A Misdiagnosis NOT Grounds For A Lawsuit?

To be successful in a medical malpractice claim based on misdiagnosis, you must show that a reasonable and prudent physician would have acted differently under the same circumstances to prevent harm. This is often demonstrated through an affidavit of merit provided by medical professionals who serve as expert witnesses. If the doctor’s conduct didn’t deviate from the applicable professional standard of care, there wouldn’t be grounds for a lawsuit.

What Does A Cancer Misdiagnosis Attorney Do To Prove Negligence?

To prove negligence, a cancer misdiagnosis attorney will need to:

  • Review the facts and circumstances surrounding the case
  • Obtain and analyze medical records and other relevant evidence
  • Secure expert witnesses in relevant medical fields to support the claim
  • Assess potential liability and the strength of the case
  • Handle the legal process, including filing the lawsuit and representing the client in court and settlement discussions

Given their intricate nature, expert medical witnesses are often pivotal in proving negligence in these cases.

What Can You Seek Compensation For?

Patients affected by cancer misdiagnosis may seek compensation for:

  • Hospital bills and medical expenses
  • Loss of wages and loss of earning potential
  • Pain and suffering
  • Costs of additional treatments and medications required due to the delayed diagnosis

What Kinds Of Cancer Patients Does Morrissey Legal Group, LLC, Represent?

Attorney Frank Morrissey handles cases involving all types of cancer misdiagnosis, including breast, cervical, lung, colon, lymphoma, skin, prostate, pancreatic and ovarian cancers.

Get Help After Medical Errors Caused A Cancer Misdiagnosis

If a cancer misdiagnosis has led to a poorer prognosis or otherwise harmed you, call 312-815-5856 or schedule your free initial consultation with lawyer Frank Morrissey. Morrissey Legal Group, LLC, is the right place to turn when you have been hurt by a medical mistake.