Pain and Suffering For Cancer Misdiagnosis

Medical procedures do not carry a guarantee, so it is inevitable that there will be some errors, including errors in diagnoses such as a cancer misdiagnosis. These can be deadly errors, because a patient may go through unnecessary medical treatments, which can be costly and painful. On the other hand, a missed cancer diagnosis may delay treatment, leading to greater severity of the disease and possibly even death. Not only may such a patient or their survivors have the right to sue for medical costs, lost wages, and more, they may have the right to additional compensation for their pain and suffering.

Consequences of Cancer Misdiagnosis

Cancer can be a deadly disease, and in fact, it is the second leading cause of death, behind heart disease. Not only is the disease agonizing, but the treatments can be painful and destructive as well. Those who are diagnosed with cancer in error have cause to seek compensation for the suffering inflected upon them as a result. In addition, there may be other diseases that caused their illness that have gone undiagnosed, and may have worsened while the cancer treatments progressed.

On the other hand, those who have cancer, but their doctors fail to diagnose that disease, may see it progress beyond a stage where it can be treated. The result may be additional suffering, more painful treatments, and even death. How do such cancer misdiagnoses occur?

Cancer symptoms can be vague and difficult to pinpoint, often easily mistaken for other diseases

Brain cancer may be diagnosed as migraines

Lung cancer can be confused with bronchitis or COPD

Colorectal cancer may appear to be hemorrhoids

Those are just a few of the wrong conclusions in relation to a cancer misdiagnosis. Why do these errors take place?

A malignant tumor is incorrectly diagnosed as benign or vice versa

A physician fails to send a patient to a specialist for further testing

Test materials are mishandled by the hospital or testing facility

Failure to properly screen and test high-risk patients

Failure to fully investigate a patient’s complaints

Misreading of test results by the technician or physician

Medical Malpractice Claims

If anyone is the victim of a cancer misdiagnosis, there are serious consequences in their life, in the lives of their family members, and eventually, in the lives of those who acted negligently. Some of the elements for which the patient may receive compensation include:

Medical costs

Lost wages or income

Pain and suffering

Wrongful death

Funeral expenses

Punitive damages

While some of these elements are valid and extremely destructive to the victim, they can be difficult to calculate, particularly in the case of pain and suffering. Today’s courts often base those calculations on what courts have awarded in the past. In some states, those amounts must be limited by legal limits, or caps, placed on these types of awards, often in the range of $250,000 to $750,000.

Getting Legal Help with Cancer Misdiagnosis Claims

It may be impossible to pursue a medical malpractice claim for a cancer misdiagnosis without the assistance of a seasoned medical malpractice attorney. Someone who has participated in a number of these cases and understands the laws and the court system can help prepare the case effectively and accurately determine an appropriate settlement amount, including the difficult calculation for pain and suffering.

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