Lung Cancer Misdiagnosis Attorney

The Devastating Impact of a Lung Cancer Misdiagnosis 

If you or your loved one has lung cancer, an early diagnosis is critical. According to Mayo Clinic, once symptoms develop, it may be too late to cure the cancer. Consequently, a delayed or failed diagnosis can be a deadly mistake. 

Similarly, misdiagnosing this severe illness can lead to unnecessary treatments such as surgeries, chemotherapy, and radiation therapy. These treatments can have detrimental effects on the patient’s health. They can weaken the body and immune system, making it more challenging to fight against any actual medical condition that may be present. 

Cancer treatments also tend to be expensive. The financial and psychological burden can lead to anxiety and depression. 

Why Is Lung Cancer Frequently Misdiagnosed? 

Lung cancer is frequently misdiagnosed due to its symptoms often mimicking those of more common and less serious conditions, such as bronchitis, pneumonia, or asthma. Early-stage lung cancer may cause vague symptoms like a persistent cough, shortness of breath, or fatigue, which are easily attributed to respiratory infections or chronic obstructive pulmonary disease (COPD).  

Additionally, diagnostic errors may occur when imaging scans are misinterpreted or when healthcare providers fail to order follow-up tests despite risk factors like smoking history or family history of cancer. Delayed or inaccurate diagnosis can result in lung cancer progressing to advanced stages before it is properly identified and treated.  

Types of Lung Cancer  

Lung cancer symptoms may vary a great deal among patients. They also differ by the specific type of lung cancer. There are two main types of lung cancer and one less common form: 

• Small cell lung cancer (SCLC): This type of aggressive lung cancer mainly affects smokers. If found early, it may be curable. Approximately 15 percent of lung cancers are of the small cell variety. Symptoms include shortness of breath or difficulty breathing and wheezing or chest tightness. 

• Non-small cell lung cancer (NSCLC): Non-small cell lung cancer is the most common type of lung cancer, accounting for about 85% of cases. It is a group of lung cancers that behave similarly and are distinct from the more aggressive small cell lung cancer (SCLC). NSCLC grows and spreads more slowly than SCLC, and it is often diagnosed at an earlier stage. Symptoms may include a persistent cough and chest pain or discomfort. 

• Carcinoid lung cancer: This is a rare type of lung cancer that arises from neuroendocrine cells, which are specialized cells found in the lungs and other parts of the body. These cells produce hormones and help regulate air and blood flow in the lungs. Carcinoid tumors in the lungs are typically slow-growing and less likely to spread than other types of lung cancer.  

Radiology and Pathology 

Cancer detection relies heavily on imaging and biopsies and, thus, on radiologists and pathologists. A lung cancer misdiagnosis may occur when radiologists misinterpret X-rays, MRIs, CT scans, ultrasounds, and other imaging, not catching small tumors. Lung cancer misdiagnoses can also result from false negatives or false positives on chest X-rays. Pathologists who identify malignant cells in biopsied tissue might determine that malignant cells are benign or vice versa.  

A misdiagnosis may occur if the MRI was not properly administered or if there were other technical issues. The same applies if the technician did not correctly position the patient when taking images. If you suspect negligence in the detection of your illness, consult with our cancer misdiagnosis lawyer, Ed Ruffo, as soon as possible.  

Common Signs and Symptoms of Lung Cancer 

If you believe your doctor misdiagnosed you, seek out the opinion of another qualified health professional. Knowing the signs and symptoms of lung cancer can also help you decide whether to get a second opinion: 

• Chest Pain: Persistent chest pain that doesn’t go away with medication or rest could signal lung cancer. 

• Coughing: A chronic cough, especially if it produces blood or rust-colored mucus, should not be ignored. 

• Shortness of Breath: Lung tumors can block or narrow airways, making breathing difficult. 

Lung Cancer Risk Factors 

While cigarette smoking is a primary lung cancer risk factor, non-smokers can also develop it. Other risk factors include the following: 

• Long-term second-hand smoke exposure 

• Family history of lung cancer 

• Long-term exposure to air pollution 

• Asbestos exposure 

• Radon exposure 

• Conditions like chronic obstructive pulmonary disease (COPD) or pulmonary fibrosis may increase susceptibility. 

• The risk of lung cancer rises with age, with most cases occurring in people over 65. 

Can I Sue a Doctor for Misdiagnosing Lung Cancer? 

You can sue a doctor for misdiagnosing lung cancer if the misdiagnosis resulted from negligence and caused harm. To bring a successful medical malpractice claim, you and your failure to diagnose cancer attorney must prove the following: 

• Doctor-Patient Relationship: You must establish that the doctor was providing you with care and owed you a duty to diagnose and treat you according to the accepted standard of care. 

• Breach of Standard of Care: Show that the doctor failed to act competently, such as failing to order necessary tests, misinterpreting test results, or dismissing symptoms that should have raised suspicion of lung cancer. 

• Causation: Prove that the misdiagnosis or delayed diagnosis directly caused harm, such as the cancer progressing to an advanced, less treatable stage. 

• Damages: Demonstrate the harm you suffered as a result of the misdiagnosis, including increased medical costs, lost wages, reduced life expectancy, emotional distress, or the need for more aggressive treatments. 

 A New York medical malpractice attorney at Rheingold Giuffra Ruffo Plotkin & Hellman LLP will review your claim and consult with medical experts to determine whether the appropriate standard of care was followed and which parties were responsible.   

Medical Negligence in Lung Cancer Diagnosis 

Negligent behavior may manifest in several different ways during a cancer misdiagnosis. Here are some of the most common ones we’ve encountered: 

• Failure to Order Necessary Tests: Doctors must order relevant tests to confirm or rule out a lung cancer diagnosis. Failure to do so can lead to a misdiagnosis. 

• Misinterpreting Test Results: Even if the doctor orders the proper tests, they may still fail to diagnose accurately by misinterpreting the results. 

• Ignoring Symptoms or Not Taking Them Seriously: Some doctors may dismiss symptoms as insignificant without thoroughly investigating them. 

• Delayed Referrals to Specialists: In some cases, a general practitioner may fail to refer a patient to a specialist for further testing or treatment, causing a delay in diagnosis and treatment. 

Why It’s Crucial to Get Legal Representation 

If you or a loved one has been misdiagnosed with lung cancer, seeking experienced legal representation is crucial. A New York lung cancer misdiagnosis lawyer can help you navigate the complex legal system and fight for your rights, including the right to significant compensation.  

An experienced lawyer, such as Thomas P. Giuffra or Edward Ruffo, can also assist with investigating your case, collecting evidence, and building a solid case. This may include reviewing medical records, consulting with expert witnesses, and negotiating with insurance companies. 

Choosing a lawyer with a track record of success is critical to maximizing your chances of a successful case. Our renowned medical malpractice attorneys have secured numerous seven-figure awards for our clients who have suffered due to a cancer misdiagnosis, including:   

• $4.194 million verdict for failure to diagnose lung cancer 

• $2.5 million settlement for cancer misdiagnosis 

• $1.6 million settlement for a doctor’s failure to diagnose lung cancer in a woman 

• $1.175 million for the estate of an elderly man who lost his battle with prostate cancer after an untimely diagnosis 

The Basic Legal Aspects of a Misdiagnosis Case 

Medical misdiagnosis cases are incredibly complex and require an understanding of law and medicine. Your attorney may work closely with other medical professionals who may also serve as expert witnesses. 

Here are some additional considerations: 

• Statute of Limitations: According to NY Courts, medical malpractice victims have 2 years and 6 months from the date of the incident or end of treatment to file a claim. Consult with a lawyer as soon as possible to meet this deadline. 

• Proving Negligence: In a medical malpractice case, your attorney must prove that the healthcare provider failed to provide the standard of care expected in their field. 

• Damages: The extent of harm caused by the misdiagnosis will also be considered when determining compensation for damages. Examples include medical expenses, lost wages, and pain and suffering. 

What Happens When You File a Misdiagnosis Lawsuit? 

If you believe you or a loved one has been misdiagnosed with lung cancer, do not wait to seek legal help. Here are some steps your attorney might take: 

1. Evidence Collection: Your lawyer will help gather evidence such as medical records, test results, and expert opinions to build a strong case against the healthcare provider. 
2. Complaint: Your lawyer may file a complaint with the relevant court that details what happened. 
3. Discovery Phase: During this phase, both parties will exchange evidence and conduct depositions to gather more information about the case. 
4. Settlement or Trial: Healthcare providers often choose to settle outside of court. The case could also go to trial, where a judge or jury determines liability and compensation. 

We’re on Your Side. Contact Us Today.  

Contact our New York cancer misdiagnosis lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman. We’ll help you determine how much time you have left, how much you may be able to recover in damages, and your legal options.